Kim v. Lee CA2/4

Filed 7/30/13 Kim v. Lee CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

JUHEE KIM, B245447

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BC449490)

v.

YONG TAI LEE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael Johnson, Judge. Affirmed. Kim, Park, Choi & Yi and Michael Y. Yi for Defendant and Appellant. Law Offices of Frank N. Lee and Frank N. Lee for Plaintiff and Respondent.

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Appellant Yong Tai Lee appeals from the judgment in favor of Juhee Kim after a bench trial. He claims Kim failed to state any causes of action, and that the court erred in finding their agreement enforceable and finding fraud. We affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY In August 2003, appellant Lee, a physician, hired respondent Kim as program director for his newly-started adult daycare center, Young Again Daycare Center, Inc. (YADC). In October 2005, Ms. Kim received a $200,000 inheritance, and told Dr. Lee that she planned to leave his employment to start her own business. He convinced her to use her $200,000 to buy a 20 percent share in YADC. According to Ms. Kim, Dr. Lee promised she would receive a dividend at the end of 2006. The dividend was not paid, but Dr. Lee told her he would give it to her “next time.” When Ms. Kim prepared the financial report for 2006, she saw a significant amount of money had been taken from the business by Dr. Lee and his mother for personal use. She asked him about it, and he assured her “he would take care of that” and she would receive the dividend soon. In 2007, the business was thriving, with an increase in daily participants. In April 2008, Ms. Kim examined the financial report for 2007 and saw the same pattern of personal use of company funds that had occurred in 2006. She was upset and told Dr. Lee she would leave YADC if he did not pay her the promised dividend. On August 11, 2008, Ms. Kim submitted her resignation. Dr. Lee told her if she stayed on longer, he would buy her share of the business. The two discussed price over the next two months, and on October 21, 2008, reached an agreement. Based on Dr. Lee’s expressed belief that YADC was by then worth $2 million, they agreed he would purchase her 20 percent share for $400,000. On October 21, 2008, Dr. Lee dictated, Ms. 1 Kim typed, and they both signed a document which provides that Dr. Lee would pay Ms.