Sheryl Clark v. Transamerica Life Insurance Co

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 28 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SHERYL CLARK, No. 20-16756

Plaintiff-Appellant, D.C. No. 2:20-cv-00539-JAM-DB v.

TRANSAMERICA LIFE INSURANCE MEMORANDUM*

COMPANY,

Defendant-Appellee.

Appeal from the United States District Court for the Eastern District of California John A. Mendez, District Judge, Presiding

Argued and Submitted April 19, 2023 San Francisco, California

Before: VANDYKE and SANCHEZ, Circuit Judges, and LASNIK,** District Judge.

Sheryl Clark (“Clark”) appeals the district court’s dismissal of her complaint

for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) and its

denial of her motion for leave to amend her complaint. We have jurisdiction under

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Robert S. Lasnik, United States District Judge for the Western District of Washington, sitting by designation. 28 U.S.C. § 1291 and,…