United States Ninth Circuit

In a contract and tort action arising from the parties' execution of a Stock Purchase Agreement (SPA), summary judgment for defendant on limitations grounds is reversed where a provision within the SPA permitting the representations and warranties of the parties to survive closing did not unambiguously state the parties' intent to contractually reduce the applicable California statute of limitation to one year.

Appellate Information

• Argued 06/03/2008
• Decided 08/25/2008
• Published 08/25/2008

Judges

• TALLMAN, Circuit Judge:, Before:  DIARMUID F. O'SCANNLAIN and RICHARD C. TALLMAN, Circuit Judges, and JAMES K. SINGLETON, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Gregory A. Long, Sheppard Mullin Richter & Hampton, LLP, Los Angeles, CA, for the appellant.


• For Appellees:
  
• Joseph L. Clasen, Robinson & Cole, LLP, Stamford, Connecticut, and Thomas J. Dolan, Robinson & Cole, LLP, New York, NY, for the appellee.