U.S. Court of Appeals for the Ninth Circuit, 2011

Kenneth Mickas v. National Casualty Insurance Co

Kenneth Mickas v. National Casualty Insurance Co
U.S. Court of Appeals for the Ninth Circuit · Decided July 6, 2011 · Canby, O'Scannlain, Fisher
441 F. App'x 527

Kenneth Mickas v. National Casualty Insurance Co

Opinion

MEMORANDUM **

Kenneth R. Mickas and Yasmina K. Mic-kas 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 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, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Edüd 868 (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., 132 Ariz. 498, 647 P.2d 629, 631 (1982) (stating elements of fraud claim under Arizona law).

*528 Plaintiffs’ remaining contentions are unpersuasive.

Plaintiffs’ “Objection to Notice of Appearance” and “Objection to Notice of Disassociation” are denied.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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