Scie LLC v. Xl Reinsurance America, Inc.

Full title: SCIE LLC, a Nevada Limited Liability Company, doing business as…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jul 31, 2007

05-55704, 05-55744 (9th Cir. Jul. 31, 2007)

Opinion

SCIE LLC, a Nevada Limited Liability Company, doing business as Entertainment Partners Services Group; et al., Plaintiffs-Appellants, v. XL REINSURANCE AMERICA, INC., f/k/a NAC Reinsurance Corporation; et al., Defendants-Appellees, And WORLDWIDE FILM COMPLETION, INC.; et al., Defendants. SCIE LLC, a Nevada Limited Liability Company, doing business as Entertainment Partners Services Group; et al., Plaintiffs-Appellees, v. XL REINSURANCE AMERICA, INC., f/k/a NAC Reinsurance Corporation; et al., Defendants-Appellants, and WORLDWIDE FILM COMPLETION, INC.; et al., Defendants. Nos. 05-55704, 05-55744 United States Court of Appeals, Ninth Circuit July 31, 2007

NOT FOR PUBLICATION

Central District of California, Los Angeles D.C. No. CV-03-02782-CAS.

Before: NOONAN, KLEINFELD, and PAEZ, Circuit Judges.

ORDER

The memorandum disposition, filed June 1, 2007, is hereby amended as follows:

1. At page five, line five of the memorandum, change §; see also§ to §. See also§.

2. At page five, line six, change §(2003).§ to §(2003);§ and add the following text:

see also Restatement (Second) of Contracts, § 328(2) (1981) (§Unless the language or the circumstances indicate the contrary, the acceptance by an assignee of such an assignment operates as a promise to the assignor to perform the assignor's unperformed duties, and the obligor of the assigned rights is an intended beneficiary of the promise.§); 1 Bernard E. Witkin et al ., Sum. Cal. Law Contracts § 740(2) (10th ed. 2005) (assignee§s §assumption of liability may be implied from acceptance of rights and privileges under the contract.§); 9 Arthur L. Corbin, Corbin on Contracts § 901 (Joseph M. Perillo ed., rev. ed., West 1993).

No further petitions shall be entertained.