Carranza-Hernandez v. Altus Finance Corp.
Opinion of the Court
MEMORANDUM
Sergio Carranza-Hernandez (“Carranza”) filed this action in San Diego County Superior Court against defendants Altus Finance (“Altus”), Credit Lyonnais (“CL”), Aurora National Life Assurance Company (“Aurora”), CDR Enterprises (“CDR”),
The Conservation Court approved a plan of rehabilitation (“the Plan”) for ELIC, which was later modified. ELIC’s insurance business, including the SSA held by Carranza, was sold to a consortium of investors headed by MAAF and Omnium. According to the Plan, the MAAF-led consortium incorporated New California, which in turn functioned as the sole shareholder of Aurora. Aurora took over ELIC’s insurance policies, including the SSA’s issued by ELIC.
Following removal, the district court dismissed Carranza’s action for lack of jurisdiction and lack of standing. The district court correctly concluded that the California Insurance Commissioner has exclusive standing under California law to bring the claims asserted in Carranza’s action. See Garamendi v. Executive Life Ins. Co., 17 Cal.App.4th 504, 21 Cal.Rptr. 2nd 578, 584 (1993).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as” may be provided by 9th Cir. R. 36-3.
. CDR is a successor of Altus.
. The Motion Of Appellees To (1) Strike New Argument In Appellant’s Reply Brief or (2) Accept This Motion As The Response To Appellant’s New Argument is DENIED.
Reference
- Full Case Name
- Sergio CARRANZA-HERNANDEZ, Insurance Commissioner for the State of California, Intervenor-Appellee v. ALTUS FINANCE CORPORATION Credit Lyonnais Aurora National Life Assurance Company CDR Enterprises, Inc. Omnium Geneve SA New California Life Holdings, Inc. Artemis, S.A.
- Cited By
- 3 cases
- Status
- Published