Paul Kim, Yung Hi Kim v. Chong Hee Kim
Published: Jan. 23, 1999 | Result Date: Aug. 7, 1998 | Filing Date: Jan. 1, 1900 |Case number: SCV38337 Verdict – $127,173
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Thomas J. Yoo
(Holland & Knight LLP)
Defendant
Experts
Plaintiff
Jennifer L. Polhemus
(technical)
Facts
Plaintiffs Paul and Yung Hi Kim sold a fast food restaurant to defendant Chong Hee Kim in July 1995 for $65,000 and a $100,000 five-year promissory note. The defendant defaulted, leaving over $95,000 in outstanding principal. The defendant alleged that the sellers misrepresented the prior financial performance of the business overstated gross sales figures, failed to repair equipment and fixtures, and failed to disclose before the sale the sellers' knowledge that an adjacent Burger King restaurant would be discontinuing operation at that location and moving to a more desirable location shortly after the buyer-defendant took over operation of the restaurant. The plaintiffs brought this action against the defendant based on breach of promissory note, and defendant filed a cross-complaint for rescission.
Settlement Discussions
The plaintiffs made a settlement demand for return of the business and cancellation of the promissory note. The defendants offered to return the business in exchange for cancellation of the promissory note and a refund of the $65,000 down payment.
Damages
The plaintiffs claimed $100,000 in damages.
Other Information
The verdict was reached approximately one year and three months after the case was filed. At the conclusion of defendant's case in chief the judge denied plaintiffs' motion for nonsuit on the cross-complaint. However, the next day, just before closing argument and jury instruction, the judge ruled that the defendant's claim for rescission was without merit, ruled that the defendant could not present her claim for damages to the jury, and dismissed the cross-complaint. Defendant has indicated inability to pay the judgment and expressed an intention to file bankruptcy.
Deliberation
1½ to 2 hours
Poll
12-0
Length
eight days
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