Alameda Corridor Transportation Authority v. Stewart Title Guaranty Co.

MEMORANDUM *

Plaintiffs Alameda Corridor Transportation Authority (“ACTA”) and the Cities of Los Angeles and Long Beach (“the Cities”) appeal from a grant of summary judgment denying their claim for title insurance coverage under a policy purchased for $264,500 from defendant Stewart Title Guaranty Company (“Stewart Title”). The district court granted summary judgment on four independent bases, and reserved judgment on a fifth. ACTA and the Cities contend that each of these determinations was in error. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the facts and procedural history, we do not recite them in detail here.

I.

The court reviews a grant of summary judgment de novo. Abelein v. United States, 323 F.3d 1210, 1213 (9th Cir.2003). Summary judgment may be affirmed on any ground supported by the record. San Jose Christian College v. City of Morgan Hill, 360 F.3d 1024, 1030 (9th Cir.2004).

II.

California Code of Civil Procedure § 339(1) provides for a two-year statute of limitations for “an action founded upon a contract, obligation or liability, evidenced by ... a policy of title insurance; provided, that the cause…