Asset Recovery Co., LLC v. Jackson

MEMORANDUM *

Asset Recovery Co., LLC (“ARC”), a New Jersey limited liability company, sued Michael Jackson (“Jackson”), a citizen and resident of California, asserting causes of action and claims of Jackson Communication, Inc. (“JCI”) against Jackson.

ARC originally filed suit in the United States District Court for the Southern District of New York. Thereafter, the parties stipulated to transfer the case to the Central District of California pursuant to 28 *595 U.S.C. § 1406 (a). The district court granted Jackson’s Rule 12(b)(6) Motion to Dismiss on the ground that ARC’S claims were barred by California’s statute of limitations. We agree that California’s statute of limitations applies, rather than New Jersey’s.

In determining which state’s laws to apply, “it is necessary to look to the law of the transferee state ...,” in this case, California. Nelson v. Int’l Paint Co., 716 F.2d 640, 648 (9th Cir.1983). In analyzing choice-of-law questions, California applies a three-step “governmental interest” approach. Abogados v. AT&T, 223 F.3d 932, 934 (9th Cir.2002). The court must first determine whether the laws of the jurisdictions differ. Id. “Second, if the laws do differ, the…