Megumi Hisamatsu v. Kaushal Niroula

MEMORANDUM

Megumi Hisamatsu (“Hisamatsu”) appeals the district court’s decision dismissing her Second Amended Complaint as to Defendant Bank of Hawaii (“BOH”) without leave to amend and denying her motion for summary judgment. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. The Indemnification Agreement (“Agreement”), which Hisamatsu signed to confirm that she wished to withdraw her forgery claim, was not a release. By its plain language, the Agreement did not seek to release BOH from liability. Rather, it was a written confirmation of Hisamatsu’s verbal request to withdraw her forgery dispute. Therefore, California Civil Code § 1668 does not apply. Similarly, indemnification is not at issue in this action, which means the indemnification clause of the Agreement is also not at issue. See Queen Villas Homeowners Ass’n. v. TCB Prop. Mgmt., 149 Cal. App.4th 1 , 56 Cal.Rptr.3d 528, 530 (2007) (holding that indemnification generally applies only to third party claims). Thus, Hisamatsu’s claim that California Civil Code § 2773 prevents enforcement of the Agreement has no merit.

2. Hisamatsu’s First Amended Complaint and Second Amended Complaint recite primarily…