Ahn

ORDER GRANTING COUNTER-CLAIMANTS’ MOTION FOR SUMMARY JUDGMENT

This matter is before the Court on the motion for summary judgment filed by Defendants and Counterclaimants Changseob Ahn and Sookhee Ahn (“the Ahns”). The Court, finding oral argument unnecessary, VACATES the motion hearing currently scheduled for May 17, 2010. This motion requires the Court to resolve a single question: whether Counterdefendant Bona Financial Group, Inc. (“Bona”) violated California Civil Code section 1632 by failing to furnish the Ahns with a Korean translation of a loan agreement that had been negotiated entirely in Korean. For the reasons set forth below, the Court answers that question in the affirmative, and the Ahns’ motion is therefore GRANTED.

BACKGROUND

In 2007, the Ahns refinanced two mortgages on their single-family house at 2917 Spanish Bay Drive in Brentwood, California with a loan from Plaintiff and Counter-defendant ING Bank, FSB (“ING”). They negotiated the loan with Bona, a loan broker, and had no direct contact with ING during the negotiation. Negotiations were conducted in Korean between the Ahns and Kathy Park, a loan officer with Bona. Korean is the Ahns’ first language; they…