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TA CHONG BANK v. HITACHI HIGH TECHNOLOGIES AMERICA

No. 08-17007.

610 F.3d 1063 (2010)

TA CHONG BANK LTD., Plaintiff-Appellant, v. HITACHI HIGH TECHNOLOGIES AMERICA, INC., a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 7, 2010.

Attorney(s) appearing for the Case

James S. Monroe, Monroe Law Group, San Francisco, CA, for plaintiff-appellant Ta Chong Bank Ltd.

Richard C. Vasquez and Avin P. Sharma, Vasquez, Benisek & Lindgren LLP, Lafayette, CA, for defendant-appellee Hitachi High Technologies America, Inc.

Before ALFRED T. GOODWIN and WILLIAM A. FLETCHER, Circuit Judges, and RICHARD MILLS, District Judge.

OPINION

MILLS, District Judge:

Ta Chong Bank ("the Bank") filed a complaint wherein it asserted several claims against Hitachi High Technologies America, Inc. ("Hitachi"). Those claims were based on the Bank's interest in the accounts receivable of a third party, CyberHome Entertainment, Inc. ("CyberHome"), pursuant to certain factoring agreements entered into by those entities. Although the factoring agreements provided that Hitachi was to pay the Bank...

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