Opinion
This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Appeal from the United States District Court for the Northern District of California, Charles R. Breyer, District Judge, Presiding.
Before HAWKINS, GRABER, and TALLMAN, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Plaintiff-Appellant Glenn Murphy's ("Murphy") contention that jurisdiction was lacking because the amount in controversy requirement was not satisfied is unfounded. Murphy failed to contest removal prior to this appeal, and Federal
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Insurance Co. ("Federal") has proved by a preponderance of the evidence that the damages sought, together with the cost of defending the action, exceed $75,000. See, Sanchez v. Monumental Life Ins. Co., 102 F.3d 398, 400-04 (9th Cir.1996).
Although the duty to defend is liberally construed under California law, Waller v. Truck Ins. Exch., Inc., 11 Cal.4th 1, 19, 44 Cal.Rptr.2d 370, 900 P.2d 619 (1995), Federal would be required to provide Murphy with a defense only if the cross-complaint sought damages potentially covered by the policy. La Jolla Beach & Tennis Club, Inc. v. Indus. Indem. Co., 9 Cal.4th 27, 39-40, 36 Cal.Rptr.2d 100, 884 P.2d 1048 (1994); Gray v. Zurich Ins. Co., 65 Cal.2d 263, 275, 54 Cal.Rptr. 104, 419 P.2d 168 (1966). Here, the district court properly concluded that Federal's policy--covering bodily injury, personal injury, property damage, and advertising injury--did not cover the trade secret misappropriation and unfair competition damages sought by Murphy's former employer.
AFFIRMED.