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DIAZ v. FIRST AMERICAN HOME BUYERS PROTECTION CORP.

No. 11-57239.

732 F.3d 948 (2013)

Emily DIAZ, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. FIRST AMERICAN HOME BUYERS PROTECTION CORPORATION, a California corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 4, 2013.

Attorney(s) appearing for the Case

Edward D. Chapin and Francis A. Bottini (argued), Chapin Fitzgerald & Bottini LLP, San Diego, CA, for Plaintiff-Appellant.

Joel D. Siegel (argued) and Paul M. Kakuske , SNR Denton U.S. LLP, Los Angeles, CA; Charles A. Newman , SNR Denton U.S. LLP, St. Louis, MO; Edward Patrick Swan , Jones Day, San Diego, CA, for Defendant-Appellee.

Before: HARRY PREGERSON and RAYMOND C. FISHER, Circuit Judges, and JAMES S. GWIN, District Judge.

OPINION

FISHER, Circuit Judge:

Emily Diaz, the owner of a home warranty plan from First American Home Buyers Protection Corporation, filed a class action complaint alleging that First American refused to make timely repairs, used substandard contractors and wrongfully denied claims. She asserted state law claims for unfair competition, misrepresentation, concealment, breach of contract and breach of the implied covenant of good faith and fair dealing. The...

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