G and G Productions LLC v. Rusic, No. 16-56107 (9th Cir. 2018)Annotate this Case
G&G appealed the district court's order granting summary judgment to defendant, a citizen of Italy, in G&G's suit asserting various state law claims. G&G alleged that Rustic stole a large, valuable oil painting from her former husband and G&G's predecessor-in-interest. The district court held that G&G's claims were barred by California's borrowing statute, Cal. Civ. Proc. Code 361.
The Ninth Circuit affirmed the district court's order with respect to the conversion claim, holding that the district court properly determined that this claim accrued sometime in 2000 and was time-barred under both the Italian and California statutes of limitations. The panel vacated and remanded the district court's order with respect to the replevin and unjust enrichment claims, holding that there was no indication that the district court determined when those claims accrued. Finally, the panel vacated and remanded the district court's order with respect to the claim for declaratory relief, holding that the disputed facts on this claim defeated summary judgment in favor of defendant.