Lim v. Gold Medal Realty and Mortgage Corp. CA4/1

Filed 10/23/24 Lim v. Gold Medal Realty and Mortgage Corp. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

MARK LIM, D082013

Plaintiff and Appellant,

v. (Super. Ct. No. 37-2018- 00067004-NP-CTL) GOLD MEDAL REALTY AND MORTGAGE CORP. et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of San Diego County, Joel R. Wohlfeil, Judge. Affirmed. Liu & Wakabayashi and Youjun Liu, for Plaintiff and Appellant. Clyde & Co US and Douglas J. Collodel; Carlson Law Group, Jason M. Murphy, and Coleen H. Lowe for Defendant and Respondent. Mark Lim appeals following a jury verdict in a lawsuit he filed against Gold Medal Realty and Mortgage Corp. (Gold Medal Realty) and Denise Wu. Judgment was entered in Lim’s favor (1) against Gold Medal Realty on the cause of action for negligent supervision in the amount of $324,600; and (2) against Wu, jointly and severally, on the cause of action for conversion, in

the amount of $541,000. Lim contends on appeal that he should have been awarded $760,500 against both Gold Medal Realty and Wu. As we will explain, Lim has not provided an adequate record to enable us to decide the issues he raises in this appeal. We accordingly resolve Lim’s arguments against him, and we affirm the judgment. I. FACTUAL AND PROCEDURAL BACKGROUND Due to the sparse appellate record provided by Lim, we are unable to fully describe the relevant factual and procedural background. However, based on the documents available to us, we provide the following summary. As shown in the Register of Actions, Lim filed his original complaint on May 29, 2020. The appellate record contains Lim’s first amended complaint, filed against Gold Medal Realty and Denise Wu on December 2, 2020. Lim alleged that between 2013 and 2019, he gave large amounts of money to Wu so that she could invest it for him in a series of residential real estate transactions. Wu was a real estate agent, who worked for real estate broker Gold Medal Realty. Wu ended up absconding with Lim’s money. Lim alleged that he lost a total of $760,500. Against Gold Medal Realty, Lim alleged causes of action for breach of fiduciary duty, constructive fraud, negligent supervision, breach of contract, conversion and “respondeat superior.” Against Wu, Lim alleged causes of action for breach of contract, breach of fiduciary duty, and conversion. Gold Medal Realty filed an answer, along with a cross complaint for indemnity against Wu and Wu’s husband, Jian Hu. Although the appellate record contains only limited information on the issue, it appears that Wu and Hu did not appear in the action and were defaulted. The action proceeded to a jury trial.