Comparet

Forum Insurance v. Comparet

Good Law
62 F. App'x 151
United States Court of Appeals for the Ninth CircuitApril 2, 2003No. 02-55053California1,093 words

Opinion

Lead Opinion

MEMORANDUM **

Forum Insurance Company (“Forum”) appeals the district court’s entry of judg *152 ment pursuant to Rule 54(b), Fed.R.Civ.P., as to Thomas Comparet (“Comparet”), Jerome Eglin (“Eglin”), and Harrington Trust Limited (“Harrington Trust”), as Trustee for the OGAPS Trust. We affirm in part, reverse in part, and remand. Because the parties are familiar with the facts and procedural history, we will not recount them here.

I.

On appeal, Forum argues that the district court erred when it applied Cal. Civ.Code § 3439.09(c) to bar its conspiracy to commit fraudulent transfers claim with respect to any fraudulent transfers that occurred prior to December 19, 1990. We affirm.

We review de novo a district court’s dismissal for failure to state a claim pursuant to Rule 12(b)(6), Fed.R.Civ.P. See Transmission Agency of N. Cal. v. Sierra Pac. Power Co., 295 F.3d 918, 927-28 (9th Cir.2002).

Section 3439.09(c) of the California Civil Code states as follows:

Cal. Civ.Code § 3439.09(c).

Interpreting this clear statutory language, the California Court of Appeal has declared that by enacting § 3439.09(c), “the Legislature clearly meant to provide an overarching, all-embracing…

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