Goodhue
Goodhue v. Catalina Mortgage Co.
Opinion
Lead Opinion
McKeown, J.
MEMORANDUM **
Appellant Steven James Goodhue (“Goodhue”) 1 appeals the District Court’s summary judgment and award of attorneys’ fees in favor of appellees Catalina Mortgage Company, Clifford E. DuBois, and Philip J. Foti. He also contends that the District Court erred by not ruling on his motion to compel before rendering judgment. We affirm in part, reverse in part, and remand.
Because the parties are familiar with the facts, we do not recite them here.
Discussion
Applicable law
As an initial matter, this court must resolve the parties’ dispute regarding the *783 state law applicable to this diversity suit. Goodhue contends that Colorado law is applicable to his case, while the appellees seek application of Arizona law.
A district court ordinarily applies the choice-of-law rules of the forum state. See Piper Aircraft Co. v. Reyno, 454 U.S. 235 , 243 n. 8, 102 S.Ct. 252 , 70 L.Ed.2d 419 (1981). However, when a case has been transferred from another state’s federal court under 28 U.S.C. § 1404 (a), the choice-of-law provisions of the originating state govern. Id.; Consul Ltd. v. Solide Enters., Inc., 802 F.2d 1143, 1146 (9th Cir.1986).