McCormick

McCormick v. Amir Construction Inc.

Good Law
279 F. App'x 470
United States Court of Appeals for the Ninth CircuitMay 19, 2008No. 06-56486California824 words

Opinion

Lead Opinion

MEMORANDUM **

Thomas McCormick, as Trustee on behalf of the Unity Family Trust, F.C. *471 Sands, and C. Sands (collectively, “Sands”) appeals the district court’s dismissal of a suit for lack of standing and subject matter jurisdiction. Sands alleges that the defendant-appellees, William Hablinski (“Hablinski”) and Amir Construction Company, et al. (“Amir”) violated the Sands’ exclusive copyright license to build a unique home designed by Hablinski. The district court determined that all the copyrights to the design were held by Hablinski, that Sands therefore lacked standing to allege copyright infringement, and that the court did not retain jurisdiction over the remaining state law claims. We review the district court’s dismissal for lack of standing and subject matter jurisdiction de novo, Rattlesnake Coalition v. U.S.E.P.A., 509 F.3d 1095, 1100 (9th Cir.2007), and affirm.

Sands hired Hablinski in January 2000 to provide professional architectural services to Sands for the construction of a luxurious private home in Bel-Air Place, California. Sands and Hablinski entered a written agreement containing the details of their relationship. Section 9.2 of that agreement discusses…

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