Lana Williams v. Rex Huha ( 2014 )

FILED
NOT FOR PUBLICATION SEP 4 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LANA K. WILLIAMS, No. 13-15343
Plaintiff - Appellant, D.C. No. 1:12-cv-01888-AWI-
GSA
v.
REX LEE HUHA; et al., MEMORANDUM*
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Anthony W. Ishii, District Judge, Presiding
Submitted August 26, 2014**
Before: THOMAS, OWENS, and FRIEDLAND, Circuit Judges.
Lana K. Williams appeals pro se from the district court’s judgment
dismissing her action alleging state law claims in connection with a car accident.
We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for
lack of subject matter jurisdiction, Carolina Cas. Ins. Co. v. Team Equip., Inc., 741
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
F.3d 1082, 1086 (9th Cir. 2014), and we affirm.
The district court properly determined there was no federal question
jurisdiction because Williams’ action, which alleged state law claims for personal
injury, legal malpractice, and insurance bad faith, does not arise “under the
Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331; see also
Provincial Gov’t of Marinduque v. Placer Dome, Inc., 582 F.3d 1083, 1086-87
(9th Cir. 2009) (discussing requirements for federal question jurisdiction under 28
U.S.C. § 1331).
The district court also properly determined that Williams failed to allege
federal jurisdiction based on diversity of citizenship because both plaintiff and
several defendants are citizens of California. See 28 U.S.C. § 1332(a)(1); Kuntz v.
Lamar Corp., 385 F.3d 1177, 1181 (9th Cir. 2004) (§ 1332 requires complete
diversity of citizenship).
We reject Williams’ contention that the district court should not have
dismissed her case for equitable reasons.
Williams’ request filed on August 19, 2013 is denied.
AFFIRMED.
2 13-15343