Lobue Growers Cooperative v Nara International, Inc., et al, No. 2:2009cv00617 - Document 42 (C.D. Cal. 2009)
Court Description: JUDGMENT by Judge Otis D Wright, II: Final judgment granted and entered in favor of plaintiff Lobue Growers Cooperative against Nara International, Inc.,Sung N. Cha aka Charlie Cha, in a joint and several basis in the principal amount of $30,035 .48, plus interest at contract statutory rate of 10% APR from the due date under each invoice through the date Plaintiff receives payment in full, less any sums recovered under any other Counts of the Complaint. The amount of attorneys fees awar ded will be determined at a later date, according to proof and by separate motion. according to proof and by separate motion. On Count II of the Complaint, Final Judgment is hereby granted and entered in favor of Plaintiff and against the Defendants, on a joint and several basis, in the full amount of the Outstanding Indebtedness, less any sums recovered under any other Counts of the Complaint. On Count III of the Complaint, Final Judgment is hereby granted and entered in favor of Plaintiff and against the Company, in the full amount of the Outstanding Indebtedness, less any sums recovered under any other Counts of the Complaint. 4. On Count IV of the Complaint, Final Judgment is hereby granted and entered in favor of Plaintiff and against the Principal, on a joint and several basiswith the Company on Counts I and II, in the full amount of the OutstandingIndebtedness, less any sums recovered under any other Counts of the Complaint.Interest shall continue to accrue on Outstanding Indebtedness at the California state rate of 0.833% per month (10% APR) until the Judgment is satisfied in full.(MD JS-6, Case Terminated). (lc)
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Lobue Growers Cooperative v Nara International, Inc., et al 1 2 3 4 5 Doc. 42 KURT OSENBAUGH (CA State Bar No. 106132) ELIZA KARAPETYAN (CA State Bar No. 234100) ALSTON & BIRD LLP 333 South Hope Street Sixteenth Floor Los Angeles, California 90071 Telephone: (213) 576-1000 Facsimile: (213) 576-1100 kurt.osenbaugh@alston.com eliza.karapetyan@alston.com JS-6 6 7 8 9 10 11 12 MICHAEL J. KEATON (IL State Bar No. 6207203) (Admitted Pro Hac Vice) KEATON & ASSOCIATES, P.C. 1278 W. Northwest Highway, Suite 903 Palatine, Illinois 60067 Telephone: (847) 934-6500 Facsimile: (847) 934-6508 ksiazek@pacatrust.com Attorneys for Plaintiff LOBUE GROWERS COOPERATIVE d/b/a/ LOBUE BROS, INC. 13 UNITED STATES DISTRICT COURT 14 CENTRAL DISTRICT OF CALIFORNIA 15 WESTERN DIVISION 16 17 LOBUE GROWERS COOPERATIVE d/b/a Case No.: CV09-00617 ODW (CWx) LOBUE BROS, INC., a California Corporation, Honorable Otis D. Wright II 18 19 20 21 22 23 Plaintiff, v. NARA INTERNATIONAL, INC., a California Corporation; SUNG N. CHA, an individual; CHARLIE CHA, an individual; and JAMES K. YOO, an individual, JUDGMENT IN FAVOR OF PLAINTIFF LOBUE GROWERS COOPERATIVE d/b/a LOBUE BROS, INC. Filing Date: January 27, 2009 Trial Date: November 10, 2009 Defendants. 24 This matter came on for hearing on the Motion of LoBue Growers 25 Cooperative d/b/a LoBue Bros, Inc. (the “Plaintiff”), for the entry of Summary 26 Judgment against Nara International, Inc. (the “Company”), and Sung N. Cha a/k/a 27 Charlie Cha, individually (the “Principal”) (Company and the Principal are 28 collectively referred to herein as the “Defendants”). The Court has considered the JUDGMENT IN FAVOR OF PLAINTIFF LOBUE GROWERS COOPERATIVE d/b/a LOBUE BROS, INC. LEGAL02/31495057v1 Dockets.Justia.com 1 Motion and the lack of any opposition or response from the defendants, Nara 2 International, Inc. (the “Company”) or Sung N. Cha a/k/a Charlie Cha (the “Principal) 3 (the Company and the Principal are collectively referred to herein as the 4 “Defendants”). 5 Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s 6 Motion for Summary Judgment is GRANTED in all respects and specifically as 7 follows: 1. 8 Final Judgment is hereby granted and entered in favor of Plaintiff 9 and against the Defendants, on a joint and several basis, as and for valid trust debt 10 under the Perishable Agricultural Commodities Act, 1930, 7 U.S.C. ' 499a-499t (the 11 “PACA”), in the amount of $30,035.48 principal, plus interest at contract statutory 12 rate of 10% APR from the due date under each invoice through the date Plaintiff 13 receives payment in full, less any sums recovered under any other Counts of the 14 Complaint. The amount of attorneys fees awarded will be determined at a later date, 15 according to proof and by separate motion. 2. 16 On Count II of the Complaint, Final Judgment is hereby granted 17 and entered in favor of Plaintiff and against the Defendants, on a joint and several 18 basis, in the full amount of the Outstanding Indebtedness, less any sums recovered 19 under any other Counts of the Complaint. 3. 20 On Count III of the Complaint, Final Judgment is hereby granted 21 and entered in favor of Plaintiff and against the Company, in the full amount of the 22 Outstanding Indebtedness, less any sums recovered under any other Counts of the 23 Complaint. 24 4. On Count IV of the Complaint, Final Judgment is hereby granted 25 and entered in favor of Plaintiff and against the Principal, on a joint and several basis 26 with the Company on Counts I and II, in the full amount of the Outstanding 27 Indebtedness, less any sums recovered under any other Counts of the Complaint. 28 5. Nothing in this Judgment shall be construed as limiting the JUDGMENT IN FAVOR OF PLAINTIFF LOBUE GROWERS COOPERATIVE d/b/a LOBUE BROS, INC. LEGAL02/31495057v1 1 Plaintiff to recovery from any particular defendant before any other. While the 2 Plaintiff is restricted to a single recovery, that recovery may be had from any of the 3 Defendants, in any order of payment, up to and including the full amount of the 4 Outstanding Indebtedness. 5 6. Interest shall continue to accrue on Outstanding Indebtedness at 6 the California state rate of 0.833% per month (10% APR) until the Judgment is 7 satisfied in full. 8 7. The amount of this Judgment, with a corresponding credit given 9 for all sums Plaintiff actually receives in satisfaction hereof, is hereby expressly 10 founded upon Principal’s breach of his fiduciary duties as set forth in Count IV and, 11 as such, is hereby excepted and excluded from any discharge of personal liability 12 which any or all of them may seek in any proceedings under Title 11, United States 13 Code pursuant to 11 U.S.C. § 523(a)(4). 14 15 IT IS SO ORDERED. 16 17 DATED: September 17, 2009 18 Hon. Otis D. Wright II United States District Court 19 20 Respectfully Submitted, 21 22 DATED: September 14, 2009 23 KURT OSENBAUGH, ESQ. ELIZA KARAPETYAN, ESQ. ALSTON & BIRD LLP MICHAEL J. KEATON, ESQ. KEATON & ASSOCIATES, P.C. 24 25 26 Eliza Karapetyan, Esq. One of Plaintiff’s Attorneys LOBUE GROWERS COOPERATIVE, d/b/a LOBUE BROS, INC. 27 28 JUDGMENT IN FAVOR OF PLAINTIFF LOBUE GROWERS COOPERATIVE d/b/a LOBUE BROS, INC. LEGAL02/31495057v1
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