ING Bank, fsb v. Ahn et al

Filing 79

ORDER Finalizing 74 Order on Motion for Summary Judgment. (tehlc4, COURT STAFF) (Filed on 5/19/2010)

1 2 3 4 5 6 7 8 9 10 ING BANK, fsb, Plaintiff, v. CHANGSEOB AHN and SOOKHEE AHN, Defendants. NO. C09-00995 TEH ORDER FINALIZING ORDER GRANTING COUNTERCLAIMANTS' MOTION FOR SUMMARY JUDGMENT IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 This matter came before the Court for case management on May 17, 2010. By order CHANGSEOB AHN and SOOKHEE AHN, Counterclaimants, v. ING BANK, fsb and BONA FINANCIAL GROUP, Inc. Counterdefendants.

22 dated May 13, 2010, the Court had granted summary judgment to Defendants and 23 Counterclaimants Changseob Ahn and Sookhee Ahn ("the Ahns") on the narrow question of 24 whether Counterdefendant Bona Financial Group, Inc. ("Bona") had violated California Civil 25 Code section 1632. At the case management conference, the Court stated that it would treat 26 its order as a tentative ruling and allowed Bona to present oral argument in opposition to the 27 Ahns' motion, which the Court had previously decided based only on the papers. 28

1

Bona argued that Mr. Ahn's apparent fluency in English places him within the section

2 1632's broad definition of "interpreter," and therefore excepted it from the statute's 3 requirement that the Ahns be furnished with Korean-language translations of loan 4 documents. However, Bona's argument ­ which the Court had previously considered and 5 rejected ­ is without merit. It is undisputed that the negotiation here was conducted in 6 Korean. Mr. Ahn's mere knowledge of English does not render him an interpreter, which 7 requires that he have translated "from one language to another." Black's Law Dictionary 838 8 (8th ed. 2004). 9 The Court therefore does not alter its original decision GRANTING the Ahns' motion

10 on the narrow question of Bona's violation of section 1632. That Order is now FINAL. The

United States District Court

11 Court also VACATES AS MOOT Bona's objection to the untimely filing of the Ahns' reply
For the Northern District of California

12 brief, upon which the Court did not rely in deciding the motion. 13 14 IT IS SO ORDERED. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Dated: 5/18/10

THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT