Gerling Global Reinsurance Corp. of America v. Fremont General Corp.

MEMORANDUM *

Gerling Global Reinsurance Corporation of America (“Gerling”) appeals the district court’s order dismissing a number of Ger-ling’s claims against Fremont General Corporation and Fremont Compensation Insurance Group (collectively “Fremont”) and Louis Rampino, and it’s grant of summary judgment in favor of Fremont and Rampino on Gerling’s remaining claims. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo both motions *5 to dismiss and motions for summary judgment. Decker v. Advantage Fund, Ltd., 362 F.3d 593, 595-96 (9th Cir.2004); Buono v. Norton, 371 F.3d 543, 545 (9th Cir. 2004). California law controls in this diversity action. See Burns v. Int’l Ins. Co., 929 F.2d 1422, 1424 (9th Cir.1991). The parties are familiar with the facts and procedural history and we do not include them here except as necessary to explain our disposition.

The district court properly determined that Gerling’s alter ego claims were not timely filed merely because Gerling timely filed an arbitration action against Fremont’s alleged subsidiary, Fremont Indemnity Company (“Indemnity”). The cases Gerling cites for the proposition that a timely claim filed against the…