Betty Chou v. Yung Fu Lin, et. al.
Published: Mar. 26, 1994 | Result Date: Jan. 24, 1994 | Filing Date: Jan. 1, 1900 |Case number: 659532 – $259,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
David K. Schneider
(Yunker & Schneider)
Defendant
Gary A. Brenner
(Gary Brenner, Attorney at Law)
Facts
Plaintiff Betty Chou is a licensed real estate broker. Beginning in 1990, Defendants Yung Fu Lin, his brother Yung Chen Lin, and Yung Chen Lin's wife, Sue Jen Lin, asked Mrs. Chou to look for potential hotel property in San Diego County for the Lins to purchase. In March of 1992, Plaintiff learned that an 80-unit hotel was available for purchase. The property was in foreclosure and would be available for a good price. On March 17, 1992, Mr. and Mrs. Chou went to visit the Lins to discuss the available property. Plaintiff told the Defendants about the property, but did not disclose the location of the hotel. Plaintiff explained that the property was in foreclosure and in the bankruptcy court; therefore, the seller could not pay a commission. The hotel was not a "listed" property. Plaintiff stated that she would disclose the identification and location of the property if the Lins agreed, as buyers, to pay her fee or commission, should they ultimately purchase the property. Yung Fu Lin agreed to sign an agreement to pay Plaintiff a 6-percent commission if he purchased the property. The agreement stated that it would bind Mr. Lin's "family and their corporation." Yung Chen Lin and Sue Jen Lin refused to sign the agreement because they did not intend to purchase the property. After Yung Fu Lin executed the agreement, Plaintiff disclosed the location of the hotel -- "E Street, Chula Vista, Royal Vista Inn." In Mid-June, 1992, the Lins came to see Plaintiff. The Lins stated that they were prepared to make an offer, but demanded that Plaintiff guarantee that their offer would be accepted by the bankruptcy court, even if other offers were submitted. Plaintiff told the Lins that she could not make such a guarantee. Three days later, Yung Fu Lin sent a letter to Plaintiff stating that he was unilaterally voiding the contract and that he would use another broker to purchase the same property. Shortly thereafter, Yung Fu Lin's brother, Yung Chen Lin, and Yung Chen Lin's wife executed an agreement to pay a 3-percent commission for the same property with another broker. The Lins' offer for $1,400,000 was accepted and escrow opened in July of 1992. On September 1, 1992, while escrow was still pending, the Lins went to visit Plaintiff and offered her $5,000 to void the contract (Plaintiff did not know the property was in escrow). The Lins allegedly told Plaintiff that, if she did not accept their offer, they would make the purchase using another family name or corporation to avoid her commission. Plaintiff refused. Two weeks later, the Lins created a corporation called Fullmen Enterprises. Yung Chen Lin and Sue Jen Lin then assigned all their rights in Royal Vista Inn to Fullmen Enterprises in September 1992 (one month before escrow closed). On the day escrow closed, Yung Fu Lin moved into the Royal Vista Inn, with his family and resides there, now.
Settlement Discussions
Plaintiff contends that her demand was a 998 in the amount of $75,000 on January 4, 1994; and Defendants did not respond to the offer.
Damages
$84,000 commission plus interest from date of purchase.
Other Information
The jury found that Yung Fu Lin breached his contract with Mrs. Chou. In addition, the jury found that Yung Fu Lin, Sue Jen Lin, and Yung Chen Lin -- all defrauded Plaintiff and conspired to defraud her.
Deliberation
45 minutes
Poll
Varied
Length
6 Days
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