Parties and Attorneys
C-1 Construction v. Choi et al.
Division 5
Division 5
Case Number B217012
| Party | Attorney |
|---|---|
| C-1 Construction : Plaintiff, Cross-complainant and Appellant | Robert G. Klein Attorney at Law 555 West 5th Street 31st Floor Los Angeles, CA 90013-1010 |
| Ye Hyung Choi : Defendant, Cross-defendant and Appellant | David L. Prince Attorney at Law 1912 East Vernon Avenue Suite 100 Los Angeles, CA 90058-1611 |
| Jong N. Choi : Defendant, Cross-defendant and Appellant | David L. Prince Attorney at Law 1912 East Vernon Avenue Suite 100 Los Angeles, CA 90058-1611 |
| Jeong-Won Sim : Defendant, Cross-defendant and Appellant | David L. Prince Attorney at Law 1912 East Vernon Avenue Suite 100 Los Angeles, CA 90058-1611 |
| Sam K. Abdulaziz : Mediator | Sam K. Abdulaziz Law Offices of Abdulaziz & Grossbart 6454 Coldwater Canyon Avenue P.O. Box 15458 North Hollywood, CA 91615-5458 |
Case Summary
Trial Court Case:
BC370039
Court of Appeal Case:
B217012
Supreme Court Case:
S189712
Division:
5
Case Caption:
C-1 Construction v. Choi et al.
Case Type:
CV
Filing Date:
06/17/2009
Completion Date:
02/03/2011
Oral Argument Date/Time:
10/07/2010 09:00 AM
Docket (Register of Actions)
C-1 Construction v. Choi et al.
Division 5
Division 5
Case Number B217012
| Date | Description | Notes |
|---|---|---|
| 06/24/2009 | Notice of appeal lodged/received. | n/a 6/17/09 Ye Hyung Choi, Jong N. Choi, Jeong-Won Sim |
| 06/26/2009 | Certificate of interested entities or persons filed by: | Attorney: Robert Klein Party: C-1 Construction (Resp.) |
| 06/26/2009 | Case information statement returned for correction. | need appealable order/judgment - C-1 Construction (Resp./X-aplnt) |
| 06/26/2009 | Telephone conversation with: | Resp. counsel Robert Klein - CIS is for x-appeal filed 6/26/09; not yet rcvd. Will return to attorney. |
| 06/29/2009 | Certificate of interested entities or persons filed by: | Attorney: David Prince Party: Ye Hyung Choi et al. |
| 06/29/2009 | Civil case information statement filed. | Ye Hyung Choi et al. (n/a 6/17/09)Attorney: David Prince |
| 07/01/2009 | Notice of appeal lodged/received. | x-appeal 6/26/09 C-1 Construction |
| 07/01/2009 | Letter sent to: | counsel re: proposed briefing sequence due within 20 days |
| 07/02/2009 | Settlement conference requested by: | mds n/a 6/17/09 |
| 07/20/2009 | Settlement conference accepted. Calendar notice sent. | Sam Abdulaziz set for 9/17/09 @ 10 a.m. |
| 07/20/2009 | Default letter sent; no case information statement filed. | x-appeal 6/26/09 C-1 Construction |
| 07/22/2009 | Civil case information statement filed. | x-appeal 6/26/09 C-1 Construction |
| 08/04/2009 | Briefing sequence order filed. | The parties having failed to submit proposal for briefing seq., the court orders the following: Aplnt Ye Hyung Choi et al. shall file AOB within 30 days of filing of RAF. Apnt C-1 Construction shall then file RBF/X-AOB within 30 days. Ye Hyung Choi et al. shall then file ARB/X-RBF within 30 days. C-1 Construction may then file ARB 20 days thereafter. |
| 08/21/2009 | Filed document entitled: | ntc of stay of appeal pending bankruptcy Attorney: David L. Prince Party: Jong Nim Choi & Ye Hyung Choi |
| 08/28/2009 | Notice per rule 8.124 - with reporter's transcript. | Ntc of desig filed 7/21/09 SCLA. |
| 09/01/2009 | Letter sent to: | atty Prince re: need to submit a conformed copy of the bankruptcy petition filed by aplts Choi. due in 10 days. |
| 09/10/2009 | Received: | conformed copy of bankruptcy petition.Attorney: David Prince Party: Ye Hyung Choi & Jong Nim Choi |
| 09/10/2009 | Letter sent to: | atty David Prince (aplt's counsel) re: the Court received a conformed copy of the voluntary bankruptcy petition for aplts Ye Hyung Choi & Jong N. Choi. atty Prince is to submit a letter within 10 days explaining why the appeal should be stayed as to all the aplts or if the appeal should proceed as to aplt Jeong-Won Sim only and stayed as to aplts Ye Hyung Choi & Jong N. Choi |
| 09/16/2009 | Note: | Spk with mediator re matter off calendar--to be rescheduled. |
| 09/18/2009 | Filed letter from: | atty Robert Klein (atty for C-1 Construction) re: opposing stay of the appeal as to appellant Jeong-Won Sim. |
| 09/18/2009 | Note: | new mediator to be assigned -mediator withdraws from mediation due to limited availability. |
| 09/21/2009 | Filed letter from: | atty Robert Klein (atty for C-1 Construction) re: opposing stay of the appeal as to appellant Jeong-Won Sim and Ye Hyung Choi. |
| 09/22/2009 | Filed letter from: | letter from atty David Prince (aplt's counsel) in response to Court's letter dated 9/10/09 re: staying of proceedings pending bankruptcy. |
| 10/13/2009 | Order filed. | On August 21, 2009 this Court was notified of the filing of a Petition in Bankruptcy on August 12, 2009 by Appellants Ye Hyung Choi and Jong Nim Choi in the U.S. Bankruptcy Court, Central District of California, Case Number 2:09-bk-31252. The Court has reviewed the record in the Bankruptcy Court and the available record in this matter and orders as follows: The appeal is stayed as to Appellants Ye Hyung Choi & Jong N. Choi but shall proceed as to Appellant Jeong-Won Sim. The Superior Court is directed to prepare the full record as designated by the parties. Appellants Choi shall file an update letter within 180 days from the date of this order and every 90 days thereafter. The parties are to notify the Court within 10 days of any order by the Bankruptcy Court which affects the jurisdiction of this Court to proceed with the appeal. Failure of the parties to comply with the requirements of this order may result in the appeal being deemed abandoned and dismissed without further notice. |
| 10/21/2009 | Received copy of: | bankruptcy court's order for dismissal of voluntary bankruptcy petition only on behalf of Aplt Ye Hyung Choi (filed 10/8/09). |
| 12/08/2009 | Order filed. | On October 21, 2009 this Court was notified that an order of dismissal was filed on October 8, 2009 in the U.S. Bankruptcy Court, Central District of California, Case Number 2:09-bk-31252 dismissing the Chapter 11 Petition as to Appellant Ye Hyung Choi only. The Court hereby orders as follows: a.Pursuant to 11 U.S.C. ยง362(a) the appeal of the above entitled matter is stayed as to Appellant Jong Nim Choi only, pending further order of this Court. b.The appeal is not stayed as to Appellants Ye Hyung Choi and Jeong-Won Sim and the matter shall proceed as to Ye Hyung Choi and Jeong-Won Sim. c.Appellant Jong Nim Choi shall file a bankruptcy update letter no later than April 12, 2010 and every 90 days thereafter. d.The parties are strictly required to notify this Court within ten days after entry by the Bankruptcy Court of any order lifting or modifying the stay of proceedings or which affects the jurisdiction of this Court to proceed with this appeal. The failure of the parties to comply with the status update requirements of this order may result in the appeal being deemed abandoned and dismissal of this action without further notice. |
| 12/08/2009 | Record on appeal filed. | C-1,R-6 (for both appeals) n/a 6-17-09 (8.124) |
| 12/11/2009 | Record imaged. | to Ikon |
| 12/23/2009 | Record imaged. | From Ikon |
| 01/05/2010 | Requested - extension of time | |
| 01/08/2010 | Granted - extension of time. | |
| 02/08/2010 | Requested - extension of time | |
| 02/09/2010 | Granted - extension of time. | |
| 03/05/2010 | Requested - extension of time | Appellant's appendix and opening brief filed. Requested for 04/07/2010 By 30 Day(s) |
| 03/09/2010 | Denied - extension of time. | 8.220 (a) (1) to issue |
| 03/09/2010 | Appellant notified re failure to timely file opening brief. | |
| 03/24/2010 | Appellant's appendix and opening brief filed. | Defendant, Cross-defendant and Appellant: Ye Hyung Choi Attorney: David L. Prince Defendant, Cross-defendant and Appellant: Jeong-Won Sim Attorney: David L. Prince 2 vols |
| 03/26/2010 | Certificate of interested entities or persons filed by: | appellant |
| 04/01/2010 | Respondent's brief. | Plaintiff, Cross-complainant and Appellant: C-1 Construction Attorney: Robert G. Klein and cross-appellant's opening brief |
| 04/05/2010 | Request filed to: | By respondent for appellant to transmit trial exhibits. |
| 04/23/2010 | Bankruptcy update letter received from: | Appellant Jong N. Choi |
| 04/30/2010 | Order filed. | The court would request a further bankruptcy proceeding by 9-1-10. |
| 05/05/2010 | Appellant's reply brief. | Defendant, Cross-defendant and Appellant: Ye Hyung Choi Attorney: David L. Prince Defendant, Cross-defendant and Appellant: Jeong-Won Sim Attorney: David L. Prince X-rb and arb |
| 05/05/2010 | Exhibits lodged. | appellant/1 white binderIn exhibt room under "C" to court 9/23 |
| 05/25/2010 | Case fully briefed. | |
| 09/02/2010 | Bankruptcy update letter received from: | Jong M. Choi |
| 09/15/2010 | Calendar notice sent. Calendar date: | 10-7-10 at 9:00 a.m.Appellant Jong Nim Choi remains under bankruptcy stay and therefore not entitiled to oral argument. |
| 10/07/2010 | Cause argued and submitted. | |
| 12/03/2010 | Opinion filed. | (Signed Unpublished) 14 pg/affirmed in part, reversed in part, remanded |
| 12/09/2010 | Filed request to publish opinion. | Respdt-cross appellant requests a portion of the opinion be certified for publication |
| 12/20/2010 | Rehearing petition filed. | appellants Ye Hyung Choi and Jeong Won Sim |
| 12/22/2010 | Petition for rehearing denied. | |
| 01/04/2011 | Letter sent to: | Supreme Court; it is the view of this court that the issues involved are not such that the opinion meets the criteria of publication. |
| 02/03/2011 | Remittitur issued. | |
| 03/22/2011 | Order filed. | The court would request a further update on the bankruptcy status by April 21, 2011. |
| 03/25/2011 | Bankruptcy update letter received from: | COUNSEL FOR Jong Nim Choi |
| 04/01/2011 | Order filed. | Parties have 10 days to address issue of costs, and whether the court should dismiss the appeal with parties to bear own costs. Prior stay order vacated, Choi's opening brief due May 10. |
| 04/14/2011 | Stipulation filed to: | dismiss appeal with parties to bear own costs. |
| 04/18/2011 | Dismissal order filed. | Jong Choi |
| 06/21/2011 | Remittitur issued. | |
| 06/21/2011 | Case complete. | |
| 06/28/2011 | Letter sent to: | appellant re exhibits lodged herein will be disposed of if not retrieved within 7 days |
| 07/18/2011 | Note: | 1 white binder exhibits lodged May 5 by appellant (atty David Prince). These exhibits were requested by respondent.exhibits disposed of this date |
| 12/11/2013 | Record in Box # | 302604645 and 302604653 |
Briefs
C-1 Construction v. Choi et al.
Division 5
Division 5
Case Number B217012
| Brief | Due Date | Date Filed | Party and Attorney | Notes |
|---|---|---|---|---|
| Appellant's appendix and opening brief filed. | 03/24/2010 | Defendant, Cross-defendant and Appellant: Ye Hyung Choi Attorney: David L. Prince Defendant, Cross-defendant and Appellant: Jeong-Won Sim Attorney: David L. Prince | 2 vols | |
| Respondent's brief. | 04/01/2010 | Plaintiff, Cross-complainant and Appellant: C-1 Construction Attorney: Robert G. Klein | and cross-appellant's opening brief | |
| Appellant's reply brief. | 05/05/2010 | Defendant, Cross-defendant and Appellant: Ye Hyung Choi Attorney: David L. Prince Defendant, Cross-defendant and Appellant: Jeong-Won Sim Attorney: David L. Prince | X-rb and arb |
Future Scheduled Actions
C-1 Construction v. Choi et al.
Division 5
Division 5
Case Number B217012
No information found.
Disposition
C-1 Construction v. Choi et al.
Division 5
Division 5
Case Number B217012
Description:
Affirmed/part, rev/part, remanded w/direction
Date:
12/03/2010
Disposition Type:
Partial
14 pg/affirmed in part, reversed in part, remanded
14 pg/affirmed in part, reversed in part, remanded
Publication Status:
Signed Unpublished
Author:
Armstrong, Orville A.
Participants:
Mosk, Richard M. (Concur)
Turner, Paul (Concur)
Turner, Paul (Concur)
Case Citation:
none
Description:
Voluntary dismissal
Date:
04/18/2011
Disposition Type:
Final
6-17-09 n/a Jong Choi
6-17-09 n/a Jong Choi
Publication Status:
Author:
Armstrong, Orville A.
Participants:
Turner, Paul
Mosk, Richard M.
Mosk, Richard M.
Case Citation:
none
Trial Court
C-1 Construction v. Choi et al.
Division 5
Division 5
Case Number B217012
Trial Court Name:
Los Angeles County Superior Court
County:
Los Angeles
Trial Court Case Number:
BC370039
Trial Court Judge:
Stern, Michael
Trial Court Judgment Date:
03/26/2009