Kenneth Mickas v. National Casualty Insurance Co

FILED
NOT FOR PUBLICATION JUL 6 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
KENNETH R. MICKAS and YASMINA No. 09-17150
K. MICKAS,
D.C. No. 2:08-cv-01347-SRB
Plaintiffs - Appellants,
v. MEMORANDUM *
NATIONAL CASUALTY INSURANCE
COMPANY,
Defendant - Appellee.
Appeal from the United States District Court
for the District of Arizona
Susan R. Bolton, District Judge, Presiding
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Kenneth R. Mickas and Yasmina K. Mickas appeal pro se from the district
court’s judgment dismissing their diversity action alleging fraud against their
former insurance company. We have jurisdiction under 28 U.S.C. § 1291. We
*
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).
review de novo a dismissal for failure to state a claim under 28 U.S.C.
§ 1915(e)(2)(B)(ii). Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998)
(order). We affirm.
The district court properly dismissed the second amended complaint because
plaintiffs failed to allege sufficient facts to state a fraud claim on the basis of
defendant’s alleged misrepresentations regarding plaintiffs’ cab company. See
Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (“[A] complaint must contain
sufficient factual matter, accepted as true, to state a claim to relief that is plausible
on its face.” (citation and internal quotation marks omitted)); Echols v. Beauty
Built Homes, Inc., 647 P.2d 629, 631 (Ariz. 1982) (stating elements of fraud claim
under Arizona law).
Plaintiffs’ remaining contentions are unpersuasive.
Plaintiffs’ “Objection to Notice of Appearance” and “Objection to Notice of
Disassociation” are denied.
AFFIRMED.
2 09-17150