Seo In v. Lucky Kim International CA2/4

Filed 3/26/13 Seo In v. Lucky Kim International CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SEO IN CORPORATION, B242837

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC477840) v.

LUCKY KIM INTERNATIONAL, INC., et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County, Holly E. Kendig, Judge. Vacated and remanded. Jeong & Likens, Chan Yong Jeong and Brennan J. Mitch for Plaintiff and Appellant. No appearance for Defendants and Respondents.

Seo In Corporation (appellant) appeals from an order of the superior court dismissing its case against husband and wife, Kyu Bong Kim (Mr. Kim) and Hyo Sook Kim (Mrs. Kim), and two companies owned by the Kims, HQ Textile, Inc. (HQ), and Lucky Kim International (Lucky) (collectively respondents). Appellant contends that the court erred in finding that its action was based on the same facts as those in a prior federal case and thus was an improper attempt to secure a duplicate judgment. We agree, vacate the order of dismissal, and remand for the superior court to conduct a prove-up hearing. At that hearing, the court must determine whether appellant has established a prima facie case and, if so, enter judgment in its favor.

FACTUAL AND PROCEDURAL BACKGROUND Mr. and Mrs. Kim jointly own Lucky and HQ, companies that import and sell fabric. Lucky purchased fabric from appellant in 2009, but failed to pay appellant. Instead, respondents filed suit against appellant in federal court on October 16, 2009, alleging intentional interference with contract, breach of the implied covenant of good faith and fair dealing, intentional infliction of emotional distress, and injunctive relief. Appellant counterclaimed for breach of contract, based on Lucky’s failure to pay the 2009 invoice. In September 2011, the federal court ordered that respondents take nothing on their claims for intentional interference with contract, breach of the implied covenant of good faith and fair dealing, intentional infliction of emotional distress, and injunctive relief. The court entered judgment in favor of appellant on its breach of contract claim for the principal amount of $111,301.83 and prejudgment interest of $23,179.88, for a total of $134,481.71. Respondents have not satisfied