Libow

MEMORANDUM *

Aaron Libow and John and Vicki Carmesin (“Appellants”) appeal the district court’s summary judgment in their diversity action. Appellants allege that under California law, Fullerton & Co. (“Fullerton”) was negligent in choosing insurance coverage for its insured, William Boak, who injured Appellants while cleaning a firearm. In a state court action against Boak, Appellants obtained a judgment that exceeded his insurance limits. In the present action, as assignees of Boak, they allege that Fullerton agent Peter Opton was negligent in his selection of Boak’s coverage. The district court granted summary judgment against Appellants, and we affirm.

I

As an initial matter, the parties dispute whether Boak had a complete claim to assign to Libow and the Carmesins. Fullerton contends that, because Boak entered into a settlement agreement with Libow and the Carmesins ensuring that he would never have to pay the judgment against him, he suffered no damages as a result of Fullerton’s alleged negligence and thus did not have a complete negligence claim to assign to Appellants. We disagree.

The general rule of assignability, set forth in the California Civil Code, is that “[a]…