PSM Holding Corp. v. National Farm Financial Corp., No. 15-55026 (9th Cir. 2018)Annotate this Case
This case concerned remedies in various appeals arising from claims for breach of contract and fraud. The Ninth Circuit held that the district court's orders on July 26, 2010, and October 8, 2013, affirming defendants' right to recover restitution, were sound; in regard to the December 17, 2014 order, the district court erred in allowing the judgment creditor to recover in restitution in light of Ward v. Sherman, 100 P. 864 (Cal. 1909); the judgment creditor's challenges to the October 8, 2013 order denying the judgment creditor's request for rescission of its quota share reinsurance agreement was rejected; the May 19, 2015 order granting in part and denying in part defendants' motion to recover post-appeal attorneys' fees under California Civil Code 1717 was reversed; and because the judgment creditor's restitution award was reversed, the district court's July 14, 2015 order denying defendants' motion to retax costs was reversed and remanded for reconsideration.