NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

RONALD SARUKHANOV, an

individual, 

Plaintiff-Appellant,

 v.

J.P. MORGAN CHASE BANK, N.A., 

Defendant-Appellee.

No. 14-56961

D.C. No. 

2:13-cv-02223-DSF-FFM

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Dale S. Fischer, District Judge, Presiding

Submitted November 8, 2016** 

Pasadena, California

Before: O’SCANNLAIN, FERNANDEZ, and RAWLINSON, Circuit Judges.

Appellant Ronald Sarukhanov (Sarukhanov) challenges the district court’s

grant of partial summary judgment in favor of Appellee JPMorgan Chase Bank,

NA (Chase). Sarukhanov alleged that he was a victim of identity theft and sought

FILED

MAY 19 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
compensation from Chase pursuant to California’s Identity Theft Act. Sarukhanov

contends that the district court erroneously concluded that he could not pursue his

identity theft claim because Chase was not a claimant as required under the

Identity Theft Act. 

When interpreting statutory text, “[t]he California Supreme Court first looks

to the language of the statute, giving effect to the words’ plain meaning; if the

language is unambiguous, the plain meaning controls.” Gonzales v. CarMax Auto

Superstores, LLC, 840 F.3d 644, 650 (9th Cir. 2016) (citation, alteration, and

internal quotation marks omitted). Pursuant to Cal. Civ. Code § 1798.93(a):

(a) A person may bring an action against a claimant to establish that

the person is a victim of identity theft in connection with the

claimant’s claim against that person. If the claimant has brought an

action to recover on its claim against the person, the person may file a

cross-complaint to establish that the person is a victim of identity theft

in connection with the claimant’s claim.

(emphases added).

Cal. Civ. Code § 1798.92(a) defines a “claimant” as “a person who has or

purports to have a claim for money or an interest in property in connection with a

transaction procured through identity theft.” The plain statutory terms of Cal. Civ.

Code § 1798.93(a) provide that an identity theft victim may pursue an action only

against a party that has made a “claim against that person.” It is undisputed that

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Chase has never asserted a claim against Sarukhanov related to the missing funds. 

See Satey v. JPMorgan Chase & Co., 521 F.3d 1087, 1092 (9th Cir. 2008)

(observing that “[t]he term ‘claimant,’ as defined in California Civil Code section

1798.92(a), reflects a present tense interest in a debt or attempt to collect”). 

Summary judgment in favor of Chase was warranted because Chase is not a

claimant under the plain and unambiguous terms of the Identity Theft Act.

1

 

AFFIRMED.

1

 Because we resolve this appeal based on the plain meaning of the statute,

we need not consider Chase’s alternative arguments premised on legislative history

and the California Commercial Code. We also deny Chase’s Request For Judicial

Notice In Support Of Defendant-Appellee’s Answering Brief. 

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