United States of America, Plaintiff-appellant, v. Donald C. Como; Stella Como; David M. Pierce; Robert G.egge; Aura Garcia, Defendants-appellees, 107 F.3d 878 (9th Cir. 1997)

Before: BEEZER and KOZINSKI, Circuit Judges, and INGRAM,^*  District Judge.

MEMORANDUM^** 

United 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.

Upon 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.

Appellees 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.

To 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.

REVERSED and REMANDED for further proceedings in accordance with this Memorandum.