Colleen Stewart v. Property and Casualty Insuranc

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 25 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT COLLEEN STEWART, No. 21-15753 Plaintiff-Appellant, D.C. No. 2:17-cv-02418-TLN-KJN v. MEMORANDUM* PROPERTY AND CASUALTY INSURANCE COMPANY OF HARTFORD, Defendant-Appellee. Appeal from the United States District Court for the Eastern District of California Troy L. Nunley, District Judge, Presiding Submitted April 17, 2023** Before: CLIFTON, R. NELSON, and BRESS, Circuit Judges. Colleen Stewart appeals from the district court’s summary judgment in her diversity action arising out of Stewart’s homeowners’ insurance claim. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Vasquez v. County of * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Los Angeles, 349 F.3d 634, 639 (9th Cir. 2003). We affirm. The district court properly granted summary judgment because Stewart failed to raise a genuine dispute of material fact as to whether defendant’s investigation of her insurance claim and offer of benefits was neither fair nor reasonable. See Oasis W. Realty, LLC v. Goldman, 250 P.3d 1115, 1121 (Cal. 2011) (elements of a breach of contract claim); Kransco v. Am. Empire Surplus Lines Ins. Co., 2 P.3d 1, 8 (Cal. 2000) (requirements for breach of the implied covenant of good faith and fair dealing). We do not consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009). Stewart’s motions for an extension of time to file the reply brief (Docket Entry Nos. 34, 38) are denied. AFFIRMED. 2 21-15753