First Intercontinental Bank v. Christina Ahn

In this appeal, we apply California choice-of-law rules to determine whether California law or Georgia law governs an attorney’s fees dispute between Plaintiff-Appellant First Intercontinental Bank (Bank) and Defendant-Appellee Christina Ahn (Christina). We conclude that California law, specifically California Civil Code § 1717(a), governs the attorney’s fees dispute, and we affirm the district court’s decision awarding attorney’s fees to Christina.

FACTUAL AND PROCEDURAL BACKGROUND

I. Factual Background

In March of 2009, First Intercontinental Bank, a bank chartered in Georgia, with its principal place of business in Doraville, Georgia, made a purchase money loan of $1,939,907.72 to AEHCC and Christina in connection with their purchase of a hotel. Christina’s parents, Edward Ahn and Helen Ahn, guaranteed the loan. Christina, Edward Ahn, and Helen Ahn are residents of California. AEHCC is a Colorado limited liability company with its principal place of business in California.

The promissory note included in the loan agreement documentation specified: “This Note is intended as a contract under and shall be construed and enforceable in accordance with the laws of the…