Jin Park v. Citibank, N.A. (Guam)

MEMORANDUM

Jin Soo Park (“Park”) appeals the district court’s order granting summary judgment in favor of defendants Citibank, N.A. (“Citibank”) on the ground that all of Park’s claims were time-barred. Park brought this action against Citibank for the following state law claims: (1) wrongful dishonor of banking items, in violation of 13 Guam Code Ann. § 4202 ; (2) common law claims for breach of the covenant of good faith and fair dealing, tortious breach of the covenant of good faith and fair dealing, fraudulent misrepresentation, negligent misrepresentation, and negligent infliction of emotional distress (“NIED”).

In response to Citibank’s motion for summary judgment on the grounds Park’s claims were time-barred, Park asserted the statutes of limitations were tolled under 7 Guam Code Ann. § 11404 (2) because he was insane when his causes of action accrued.

The district court determined that, with one exception, Park’s claims are subject to statutory limitations periods of two and three years. The date the last of Park causes of action accrued is December 7, 2001, the date of his last dishonored or delayed transfer request. Thus, under even the longest (i.e., three year)…