Cho

Cho v. Republic of Korea

Good Law
66 F. App'x 124
United States Court of Appeals for the Ninth CircuitMay 27, 2003No. 02-55899; D.C. No. CV-01-05231-CASCalifornia1,446 words

Opinion

Lead Opinion

MEMORANDUM * and ORDER

Plaintiffs filed this action against the Republic of Korea, alleging conversion in violation of California law. Specifically, they claim that Defendant stole from them the assets and shares of Samho International Company, Inc. (“Samho”). Defendant moved to dismiss for lack of jurisdiction. The district court denied the motion, holding that the “commercial activity” exception to the Foreign Sovereign Immunities Act of 1976 (“FSIA”), 28 U.S.C. §§ 1602-1611 , forecloses the defense of sovereign immunity. Defendant brings a timely interlocutory appeal. On de novo review, Corzo v. Banco Cent. de Reserva del Peru, 243 F.3d 519, 522 (9th Cir.2001), we affirm.

A. Motions Pertaining to the Record

Plaintiffs ask us to strike their state-court complaint from Defendant’s excerpts of record. We grant the motion because this document was not part of the district court record.

Defendant asks us to take judicial notice of (1) an English translation of the Korean-language document that Plaintiffs attached to their federal complaint and (2) the state-court complaint referred to above. We grant this motion as well. The *126 first is capable of ready determination and the…

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