Aguilera

MEMORANDUM ***

Enoc C. Aguilera and Emma F. Aguilera appeal pro se from the district court’s judgment dismissing their diversity action alleging breach of contract, negligence, breach of fiduciary duty, and fraud under Arizona law. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a district court’s dismissal for failure to state a claim, Brunette v. Humane Soc. of Ventura County, 294 F.3d 1205, 1209 (9th Cir.2002), and we review for abuse of discretion the denial of a motion to alter or amend the judgment, Sch. Dist. No. 1J, Multnomah County, v. ACandS, Inc., 5 F.3d 1255 , 1262 (9th Cir.1993). We affirm.

The district court properly held that the Aguileras failed to allege a breach of contract claim against Auto-Owners Insurance Company (“Auto-Owners”). Moreover, because the Aguileras were not a party to the insurance contract between Truck Insurance Exchange (“Truck”) and the homeowners’ association, the district court properly dismissed the Aguileras’ breach of contract claim against Truck. See Maricopa County v. Barfield, 206 Ariz. 109 , 75 P.3d 714, 717 (Ct.App.2003) (“in the absence of a contractual or statutory provision to the contrary, an injured…