Byoong Seob Choi, through attorney Timonthy Bellas, has filed a 12-count first amended complaint against 16 defendants, namely his wife Jung Ja Kim; Anthony Long; Ramon Quichocho; Frances Quichocho; Ok Hwa Lee; Eun Mee Jung; Dong Soon Kim; Jung Eun Jung; Sin Ho Nam; Dan Bi Choi; Soi-In Corp.; Dr. Ko, LLC; Kosta, LLC; Pacific Saipan,LLC; Tan Dingco, LLC; and 20 Does.
“The court finds that the nature of the case plead by [Choi] is inherently sensational and controversial,” Manglona noted in her written opinion and order.
She said defendant Kim has not responded in the form of an affirmative pleading, “but rather through argument.”
“The court does not consider the arguments of either party to be evidence at trial, and will entertain the arguments of both Choi and Kim in ruling on the instant motions,” Manglona said.
She granted Sin Ho Nam’s motion to be dismissed from the lawsuit without prejudice for the plaintiff’s failure to state a claim.
“Each party shall bear his own costs and fees,” the judge said.
She denied the motion to dismiss filed by Ramon and Frances Quichocho, and Tan Dingco LLC.
“The motion for a more definitive statement…is granted. By agreement of the parties at the hearing, the plaintiff shall amend the first amended complaint to provide a more definitive statement of the Quichochos not later than Oct. 15, 2010,” Manglona stated in her written opinion and order issued on Sept. 3, 2010.
She denied the motion to dismiss filed by Kim and Soi-In Corp. under the prior pending action doctrine.
Manglona said Choi’s motion to strike Long’s “joinder” was “denied as moot.”
The court also denied Choi’s motion to strike Kim’s pleadings.
In his first amended complaint filed on May 17, 2010, Choi raised various claims from counts one through six against Long, relating to an attorney-client relationship between Choi and Long.
Count eight for mismanagement and/or dissipation of marital assets, count 10 for breach of implied covenant of good faith and fair dealing, and count 11 for fraud were filed against Jung Ja Kim only and related to the marriage and/or breakdown of the marriage between Choi and Jung Ja Kim, and “assets therefrom.”
Count seven for fraudulent conveyance of property, count nine for accounting, and count 12 for punitive damages were alleged by Choi against all defendants and related to purported property conveyances from Kim.
