Ing Bank, Fsb v. Chang Seob Ahn

ORDER ON MOTIONS FOR SUMMARY JUDGMENT AND MOTION TO STRIKE

This matter came before the Court on December 14, 2010, on the parties’ motions for summary judgment and motion to strike. For the reasons set forth below, the motion for summary judgment filed by Plaintiff and Counterdefendant ING Bank, fsb (“ING”) is GRANTED IN PART and DENIED IN PART. The motions for summary judgment and motion to strike filed by Defendants and Counterclaimants Changseob Ahn and Sookhee Ahn (“the Ahns”) are DENIED.

BACKGROUND

In 2007, the Ahns took out a loan from ING in order to refinance two mortgages on their single-family home at 2917 Spanish Bay Drive in Brentwood, California. They negotiated the loan with Bona Financial Group, Inc. (“Bona”), a loan broker. The negotiations were conducted entirely in Korean between the Ahns and Kathy Park, a loan officer with Bona. On a previous motion for summary judgment, this Court held that Bona’s failure to translate loan documents into Korean violated section 1632 of the California Civil Code (“section 1632”).

Bona and ING began working together in 2006. They entered into a contract that authorized Bona to solicit prospective borrowers for residential…