JPMorgan Chase Bank v. Access Healthsource, Inc.

*664 MEMORANDUM *

Tamarack Capital LLC and Tamarack Insurance LLC (Tamarack) appeal from the district court’s judgment on the pleadings, dismissal of the counterclaim of JPMorgan Chase Bank (JPMorgan), dismissal of the crossclaim of Access Health-source (Access), and denial of Tamarack’s cross-motion for judgment on the pleadings. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review de novo a Federal Rule of Civil Procedure 12(c) judgment on the pleadings. Smith v. Nat’l Steel & Shipbuilding Co., 125 F.3d 751 , 753 (9th Cir. 1997).

Austad v. United States, 386 F.2d 147, 149 (9th Cir.1967) (internal citation omitted). We also review de novo a district court’s judgment of dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6). See In re Broderbund/Learning Co. Sec. Litig., 294 F.3d 1201, 1203 (9th Cir.2002). “In so doing, we accept as true all material allegations of the complaint and construe them in the light most favorable to the plaintiffs.” Id.

Tamarack asserts that the district court erred by determining that the allegations in the complaint, even if true, failed to show that JPMorgan wrongfully dishonored the letter of credit (LOC).…