Judge: Melissa R. Mccormick, Case: "Hoang v. Ben Auto Haus, LLC", Date: 2023-08-17 Tentative Ruling

Plaintiff Ann N. Hoang’s Motion for Summary Adjudication

Plaintiff Ann N. Hoang moves for summary adjudication of the third cause of action for violation of Civil Code section 1632 against defendant Ben Auto Haus, LLC.  For the following reasons, plaintiff’s motion is denied. 

A plaintiff seeking summary judgment meets its burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action.  Cal. Civ. Proc. Code § 437c(p)(1).  Once the plaintiff has met that burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto.  Id.

Plaintiff’s third cause of action alleges violation of Civil Code section 1632 against defendants Ben Auto Haus, LLC and San Diego County Credit Union.  Plaintiff alleges defendant Ben Auto Haus did not comply with its obligation under section 1632 to provide plaintiff with a Vietnamese-language translation of the vehicle sales contract before it was signed.  Plaintiff alleges San Diego County Credit Union is liable pursuant to the Federal Trade Commission’s Holder Rule and Civil Code section 2982.5(d)(4) for Ben Auto Haus’s alleged violation of section 1632.  In the instant motion, plaintiff seeks summary adjudication of the third cause of action against Ben Auto Haus. 

Plaintiff has presented evidence her “native language is Vietnamese,” Hoang Decl. ¶ 2, she negotiated the vehicle purchase in Vietnamese, and her boyfriend who accompanied her did not translate English into Vietnamese or Vietnamese into English during the negotiations.  Plaintiff alleges Ben Auto Haus did not provide her with a Vietnamese-language translation of the purchase agreement before she signed it.  Plaintiff asserts that without her knowledge a Vietnamese-speaking salesperson checked a box on a purchase agreement document stating, “English only used in this sales transaction.”

Ben Auto Haus has demonstrated triable issues of material fact precluding summary adjudication of plaintiff’s third cause of action.  Ben Auto Haus has presented evidence plaintiff negotiated the vehicle purchase in Vietnamese and English, and that Ben Auto Haus’s salesperson “sometimes” spoke English to plaintiff when they were signing the sales documents “[b]ecause all the documents are in English.”  Doan Depo. at 47:4-9; Doan Decl. ¶¶ 3, 4, 7.  Ben Auto Haus has also presented evidence plaintiff signed the document stating “English only used in this sales transaction,” and that its salesperson asked plaintiff whether he should check the box next to that statement, and “she said yes, because she is an engineer, so she can speak both languages.”  Doan Depo. at 75:19-76:2; Doan Decl. ¶ 8.  Because Ben Auto Haus has shown factual disputes regarding the third cause of action, plaintiff’s motion for summary adjudication of the third cause of action is denied.

San Diego County Credit Union has also submitted evidence demonstrating triable issues of material fact on the third cause of action, including regarding whether plaintiff is fluent in English and whether plaintiff negotiated the vehicle purchase in Vietnamese.  See San Diego County Credit Union’s Responsive Separate Statement Nos. 4, 5, 6, 8 and 9 (and evidence cited therein); San Diego County Credit Union’s Additional Material Facts Nos. 1, 2, 3, 4, 5, 6, 7, 11, 13, 14 and 15.

Defendant Ben Auto Haus, LLC to give notice.