United States v. Donald C. Como Stella Como David M. Pierce Robert G. Egge Aura Garcia , 107 F.3d 878 ( 1997 )
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107 F.3d 878
79 A.F.T.R.2d 97-1377
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
UNITED STATES of America, Plaintiff-Appellant,
v.
Donald C. COMO; Stella Como; David M. Pierce; Robert G.
Egge; Aura Garcia, Defendants-Appellees.No. 95-56388.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted Feb. 7, 1997.
Decided Feb. 25, 1997.1Before: BEEZER and KOZINSKI, Circuit Judges, and INGRAM,* District Judge.
2MEMORANDUM**
3United States appeals from grant of summary judgment in favor of Defendants, pursuant to which the district court dismissed Appellant's fraudulent conveyance action as barred by the time limited in the extinguishment provision of the California Uniform Fraudulent Transfer Act.
4Upon de novo review, we REVERSE and REMAND the district court's judgment of dismissal. This case is substantially indistinguishable from our holding in United States v. Bacon, 82 F.3d 822 (9th Cir.1996) which governs our consideration of this case and compels reversal.
5Appellees would distinguish Bacon because of their contention that if the California Fraudulent Conveyance Act is the governing statute, as we find it to be, Cal.Civ.Code § 3439.09(c) providing that the Fraudulent Transfer Act extinguishment provision applied "notwithstanding any other provision of law" requires application of the extinguishment provision time limitation, even though the Fraudulent Transfer Act is not the effective statute in this case.
6To adopt this interpretation would render the provisions of Cal.Civ.Code § 3439.12 providing for prospective application of the Fraudulent Transfer Act nugatory, and we therefore reject the proffered contention.
7REVERSED and REMANDED for further proceedings in accordance with this Memorandum.
Document Info
Docket Number: 95-56388
Citation Numbers: 107 F.3d 878
Filed Date: 2/25/1997
Precedential Status: Non-Precedential
Modified Date: 4/17/2021