Heydar

MEMORANDUM *

Ahmad Heydar appeals the district court’s grant of summary judgment to Westport Insurance Company in Heydar’s action against Westport for refusing to defend and indemnify him on a complaint filed against him. We affirm.

(1) The district court did not err when it determined that a claim had been made against Heydar during the 2000-2001 policy period for negligent performance of his professional services 1 within the meaning of the policy. On its face, the broadly phrased complaint against him encompassed services he could (and did) perform in the construction of the house in question. See Ponderosa Ctr. Partners v. McClellan/Cruz/Gaylord & Assocs., 45 Cal. App.4th 913, 916-17 , 53 Cal.Rptr.2d 64, 66 (1996). Therefore, Heydar should have presented the claim to Westport; he did not.

(2) Heydar asserts that California’s notice-prejudice rule excuses his failure to file a timely notice of claim. However, that rule does not apply to elaims-made- and-reported policies. See Burns v. Int’l Ins. Co., 929 F.2d 1422, 1425 (9th Cir. 1991); Helfand v. Nat’l Union Fire Ins. Co., 10 Cal.App.4th 869, 887-88 , 13 Cal.Rptr.2d 295, 304-05 (1992); Pac. Employers Ins. Co. v. Superior…