OJO v. FARMERS GROUP, INC.

No. 06-55522.

565 F.3d 1175 (2009)

Patrick O. OJO, Attorney, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. FARMERS GROUP, INC.; Fire Underwriters Association; Fire Insurance Exchange; Farmers Underwriters Association Farmers Insurance Exchange, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 12, 2009.


Attorney(s) appearing for the Case

Sanford Svetcov, Lerach Coughlin Stoia Geller Rudman & Robbins LLP, San Francisco, CA, for the plaintiffs-appellants.

Harriet S. Posner, Skadden, Arps, Slate, Meagher & Flom LLP, Los Angeles, CA, for the defendants-appellees.

Opinion by Judge Pregerson; Dissent by Judge Bea.


PREGERSON, Circuit Judge:

I. Introduction

Patrick L. Ojo ("Ojo"), on behalf of himself and all others similarly situated,1 appeals the district court's dismissal under Fed.R.Civ.P. 12(b)(1) of a class action suit brought against Farmers Group, Inc., and its affiliates, subsidiaries, and reinsurers (collectively "Farmers"). The Complaint alleges, inter alia,2...

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