CHB America Bank v. Kim
This appeal stems from a breach of contract action to recover on unpaid promissory notes and a finding of liability based on surety law. Defendants and appellants Chong Soo Kim and Myung Ai Kim (appellants) appeal the judgment awarded against them after a bench trial. The trial court found in favor of plaintiff and respondent CHB America Bank (respondent) and held appellants liable for two promissory notes they guaranteed on behalf of their business, Kim Pacific Trading Corporation (Kim Pacific). Appellants contend the trial court applied the wrong statute of limitations and respondents claim was time-barred. Appellants also contend the court should have excluded the testimony of a bank employee on hearsay grounds. They assert his testimony was insufficient to admit bank documents under the business records exception to the hearsay rule. Court remand for further proceedings.
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