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United States Court Cases

California Second Appellate District Record

C-1 Construction v. Choi et al. Division 5

Parties and Attorneys

C-1 Construction v. Choi et al.
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
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
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
Case Number B217012

No information found.



Disposition

C-1 Construction v. Choi et al.
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
Publication Status:
Signed Unpublished
Author:
Armstrong, Orville A.
Participants:
Mosk, Richard M. (Concur)
Turner, Paul (Concur)
Case Citation:
none
Description:
Voluntary dismissal
Date:
04/18/2011
Disposition Type:
Final
6-17-09 n/a Jong Choi
Publication Status:
Author:
Armstrong, Orville A.
Participants:
Turner, Paul
Mosk, Richard M.
Case Citation:
none


Trial Court

C-1 Construction v. Choi et al.
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