Export-Import Bank of the United States v. United California Discount Corp.
Opinion
Opinion
MEMORANDUM
United California Discount Corporation (UCDC) challenges the district court’s decision to grant summary judgment in favor of Appellee Export-Import Bank of the United States (Ex-Im).
Federal common law applies to this action because the United States is a party as a result of a federal insurance program. See Seattle Fur Exch., Inc. v. Foreign Credit Ins. Ass’n, 7 F.3d 158, 161 (9th Cir.1993); see also Nat’l Audubon Soc. v. Dep’t of Water, 869 F.2d 1196, 1203 (9th Cir.1989), as amended.
Ex-Im has standing to bring this action against UCDC because UPS assigned Ex-Im its right to bring this action and this cause of action was assignable. See Bd. of Trade of S.F. v. Swiss Credit Bank, 728 F.2d 1241, 1242-43 (9th Cir.1984).
Ex-Im’s claims against UCDC are not time-barred because Ex-Im filed its complaint before the applicable federal six-year statute of limitations pursuant to 28 U.S.C. § 2415 (a), and UPS assigned the claims to Ex-Im before the applicable one-year state statute of limitations. See United States v. Thornburg, 82 F.3d 886, 890 (9th Cir.1996).
The district court correctly held that as a matter of law, Ashford’s failure to perform was not a condition…