Walt Disney Co. v. American Casualty Co.

MEMORANDUM **

Appellants Walt Disney Co. and Walt Disney World Co. (collectively “Disney”) contend that the District Court erred in granting Appellee American Casualty Co. (“ACC”) summary judgment as to all of Disney’s claims and denying Disney’s motion for partial summary judgment. In addition, Disney asserts that the District Court erred in its application of Pac. Gas & Elec. Co. v. G.W. Drayage & Rigging Co., Inc., 69 Cal.2d 33, 39-40 , 69 Cal.Rptr. 561 , 442 P.2d 641 (1968) (hereinafter PG&E), to this case. We have jurisdiction to hear this appeal pursuant to 28 U.S.C. § 1291 . Because the parties are familiar with the facts and procedural history, they are not recited here except as necessary to explain our analysis. For the reasons set forth below, we reverse the District Court’s decision and remand for further proceedings consistent with this memorandum.

We review a district court’s decision to grant or deny summary judgment de novo. Bianchi v. Walker, 163 F.3d 564, 569 (9th Cir.1998). “Whether [a] contract is reasonably susceptible of a proffered meaning is a matter, of law that is reviewed de novo.” Brinderson-Newberg Joint Venture v. Pac. Erectors, Inc., 971 F.2d 272 ,…