Aguirre

Aguirre v. Koruga

Good Law
42 F. App'x 73
United States Court of Appeals for the Ninth CircuitJuly 16, 2002Nos. 01-35190, 01-35191; D.C. No. CV-99-1281-RSLCalifornia2,827 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiff Estate of Tomas B. Aguirre (the “Estate”), a Philippine probate estate, brought suit against Ana Maria Koruga, her husband, and corporations whose stock is registered in their names. The Estate lays claim to over four million dollars de *75 posited by Tomas Aguirre in a SeaFirst bank account in Washington and withdrawn by his daughter, Ana Maria Koruga. Ana Maria and her husband, Christopher Koruga, maintain that Tomas intended the funds to be a gift to them to provide security for their family in the United States and that, thus, the funds belong to the Korugas, not to the Estate.

The district court granted summary judgment in favor of the Estate. It also found that the defendants raised no genuine issues of fact as to their affirmative defenses of equitable estoppel and statute of limitations. The Korugas challenge these rulings on appeal. The Estate, in turn, cross-appeals the district court’s rulings regarding prejudgment interest.

The district court had diversity jurisdiction pursuant to 28 U.S.C. § 1382 . We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 . We review the grant of summary judgment de novo, Devereaux v. Abbey, 263 F.3d…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.