Asencio

MEMORANDUM **

Linda Asencio appeals the district court’s order entering judgment on the pleadings in favor of Miller Brewing Company (“Miller”). Because the parties are familiar with the facts and procedural history we do not include them here, except as necessary to explain our disposition. We have jurisdiction under 28 U.S.C. § 1291 1 and we affirm.

*561 An exception to the law of the case doctrine allows the district court sitting in diversity to reexamine the previously decided issue when “there has been a dis-positive intervening decision of an intermediate appellate state court.” See Richardson v. United States, 841 F.2d 993, 996 (9th Cir.1988). We review de novo the district court’s decision to apply or disregard an intervening state court decision. See id. We also review de novo a motion for judgment on the pleadings. Dunlap v. Credit Prot. Ass’n, L.P., 419 F.3d 1011 , 1012 n. 1 (9th Cir.2005).

A previous panel of this court held that Asencio could proceed with her claims that Miller’s conduct violated the unlawful and unfair prongs of the Unfair Competition Law (“UCL”), Cal. Bus. & Prof.Code § 17200, et seq., even though Asencio was jurisdictionally barred from…