Gullo

MEMORANDUM ***

Plaintiff Thomas Gullo sued Ohio National Life Assurance (“Ohio National”) af *369 ter it denied his request for benefits under his disability policy. The district court granted Ohio National’s motion to dismiss for failure to state a claim, dismissed the case with prejudice, and awarded Ohio National its costs. We review the dismissal de novo, and affirm. See Decker v. Advantage Fund, Ltd., 362 F.3d 593, 595-96 (9th Cir .2004).

Gullo argues that he is entitled to benefits because, due to an ambiguity in the policy, blindness in one eye constitutes a “complete” loss of sight within the meaning of the contract. Under California’s well-established principles of insurance contract interpretation, “ ‘[t]he proper question is whether the [provision or] word is ambiguous in the context of this policy and the circumstances of this case.’ ” E.M.M.I. Inc. v. Zurich Am. Ins. Co., 32 Cal.4th 465 , 9 Cal.Rptr.3d 701 , 84 P.3d 385, 389 (Cal.2004) (quoting Bay Cities Paving & Grading, Inc. v. Lawyers’ Mut. Ins. Co., 5 Cal.4th 854 , 21 Cal.Rptr.2d 691 , 855 P.2d 1263 (1993)). No ambiguity exists in the policy which renders the meaning of “complete” ambiguous as it pertains to…