Lam v. Liberty Mutual Group, Inc., 032318 FED9, 17-55865

Docket Nº:17-55865
Party Name:LINA LAM, Plaintiff-Appellant, v. LIBERTY MUTUAL GROUP, INC., AKA Liberty Mutual; et al., Defendants-Appellees.
Judge Panel:Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges.
Case Date:March 23, 2018
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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LINA LAM, Plaintiff-Appellant,

v.

LIBERTY MUTUAL GROUP, INC., AKA Liberty Mutual; et al., Defendants-Appellees.

No. 17-55865

United States Court of Appeals, Ninth Circuit

March 23, 2018

NOT FOR PUBLICATION

Submitted March 13, 2018 [**]

Appeal from the United States District Court for the Central District of California R. Gary Klausner, District Judge, Presiding D.C. No. 5:17-cv-00510-RGK-DTB.

Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges.

MEMORANDUM [*]

Lina Lam appeals pro se from the district court's judgment dismissing her diversity action arising from an automobile accident. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Brayton Purcell LLP v. Recordon & Recordon, 606 F.3d 1124, 1127 (9th Cir. 2010) (dismissal based on improper venue); Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005) (dismissal under Federal Rule of Civil Procedure 12(b)(6)). We affirm.

The district court properly dismissed Lam's claims against Martin and Multiple Concrete, Inc. because Lam failed to establish that these defendants reside in the Central District of California or that "a substantial part of the events or omissions giving rise to [her] claim[s]" occurred there. 28 U.S.C. § 1391(b)(1), (2) (describing where a civil action may be brought).

The district court properly dismissed Lam's claims against LM General Insurance Company (erroneously sued as Liberty Mutual, Inc.) because Lam failed to allege facts sufficient to state any plausible claim. See Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are liberally construed, a plaintiff must allege facts sufficient to state a plausible claim); Oasis West Realty, LLC v. Goldman, 250 P.3d 1115, 1121 (Cal. 2011) (setting forth elements of a breach of contract claim); Jonathan Neil & Assocs., Inc. v. Jones, 94 P.3d 1055, 1068 (Cal. 2004) (setting forth elements of a claim for breach of the covenant of good faith and fair dealing).

The district court did not abuse its discretion by dismissing Lam's...

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