Chen et al v. U.S. Bank National Association et al

Filing 297

ORDER denying Plaintiff's 285 Motion for Partial Summary Judgment as premature. Plaintiff may renew the Motion at a later dateif appropriate. Signed by Judge Ricardo S. Martinez. (TH)

Case 2:16-cv-01109-RSM Document 297 Filed 05/15/20 Page 1 of 3

1
2
3
4
5

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

6
7
8
9

Case No. 16-1109RSM

CHI CHEN, et al.,

10

Plaintiffs,

11

v.

12
13
14
15
16

ORDER DENYING MOTION FOR
PARTIAL SUMMARY JUDGMENT ON
PRELIMINARY INTEREST 

U.S. BANK NATIONAL ASSOCIATION, et
al.,
Defendants.
This matter comes before the Court on Plaintiff Song, Tengyao’s Motion for Partial
Summary Judgment. Dkt. #270. Plaintiff Song moves the Court to rule now, prior to trial and

17
18

as a matter of law, that he is entitled to prejudgment interest running from the date U.S. Bank

19

disbursed his funds out of escrow, September 10, 2012. Id. He argues that, if he prevails, this

20

amount will be $453,534.24 on top of his underlying claim of $500,000. Id. at 2 n.1.

21
22
23
24

Summary judgment is appropriate where “the movant shows that there is no genuine
dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.
R. Civ. P. 56(a); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247 (1986). Prejudgment

25

interest is based on the principle of “preventing the unjust enrichment of the defendant who has

26

wrongfully delayed payment.” Polygon Nw. Co. v. Am. Nat. Fire Ins. Co., 143 Wn. App. 753,

27

189 P.3d 777, 794 (Wash. Ct. App. 2008). This is available when an amount claimed is

28
ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT ON PRELIMINARY
INTEREST - 1

Case 2:16-cv-01109-RSM Document 297 Filed 05/15/20 Page 2 of 3

1

“liquidated,” which occurs where “the evidence furnishes data which, if believed, make it

2

possible to compute the amount with exactness, without reliance on opinion or discretion.”

3

Hansen v. Rothaus, 107 Wn.2d 468, 730 P.2d 662, 664 (1986). The fact that a claim is

4

disputed does not make it “unliquidated” so long as it may be determined by reference to an

5
6
7

objective source. Egerer v. CSR W., LLC, 116 Wn. App. 645, 67 P.3d 1128, 1133 (Wash. Ct.
App. 2003).

8

Plaintiff Song argues that “[n]o matter how many liability, causation, equitable or other

9

defenses U.S. Bank may continue to conjure up, the amount at issue is sufficiently fixed to

10
11
12

authorize prejudgment interest,” and that “[a] clearer case is hard to imagine.” Dkt. #270 at 5.
Defendant U.S. Bank argues that this motion is premature and that there is a genuine

13

dispute as to the amount of the alleged loss, precluding summary judgment. Dkt. #275 at 3.

14

The Court agrees on both points. Although U.S. Bank’s dispute of liability may be irrelevant to

15

this Motion, U.S. Bank also presents sufficient evidence and argument to create a genuine

16

dispute as to the amount of the alleged loss and the amount of time that prejudgment interest

17
18

should accrue. See Dkt. #275 at 17. The Court finds it cannot compute the amount of

19

prejudgment interest with exactness based on this record. Even if it could be computed after an

20

evidentiary hearing or supplemental briefing, the Court would exercise its discretion to defer

21

this issue to after the first bellwether trial.

22
23
24

Having considered the applicable briefing submitted by the parties and the entire record,
the Court hereby finds and ORDERS that Plaintiff Song’s Motion for Partial Summary

25

Judgment, Dkt. #270 is DENIED as premature. Plaintiff may renew the Motion at a later date

26

if appropriate.

27
28
ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT ON PRELIMINARY
INTEREST - 2

Case 2:16-cv-01109-RSM Document 297 Filed 05/15/20 Page 3 of 3

1
2

DATED this 15th day of May, 2020.

3
4
5
6
7

A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT ON PRELIMINARY
INTEREST - 3