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Lobue Growers Cooperative v. Nara International

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


September 17, 2009

LOBUE GROWERS COOPERATIVE D/B/A LOBUE BROS, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
NARA INTERNATIONAL, INC., A CALIFORNIA CORPORATION; SUNG N. CHA, AN INDIVIDUAL; CHARLIE CHA, AN INDIVIDUAL; AND JAMES K. YOO, AN INDIVIDUAL, DEFENDANTS.

The opinion of the court was delivered by: Honorable Otis D. Wright II

JUDGMENT IN FAVOR OF PLAINTIFF LOBUE GROWERS COOPERATIVE d/b/a LOBUE BROS, INC.

Filing Date: January 27, 2009 Trial Date: November 10, 2009

This matter came on for hearing on the Motion of LoBue Growers Cooperative d/b/a LoBue Bros, Inc. (the "Plaintiff"), for the entry of Summary Judgment against Nara International, Inc. (the "Company"), and Sung N. Cha a/k/a Charlie Cha, individually (the "Principal") (Company and the Principal are collectively referred to herein as the "Defendants"). The Court has considered the Motion and the lack of any opposition or response from the defendants, Nara International, Inc. (the "Company") or Sung N. Cha a/k/a Charlie Cha (the "Principal) (the Company and the Principal are collectively referred to herein as the "Defendants").

Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff's Motion for Summary Judgment is GRANTED in all respects and specifically as follows:

1. Final Judgment is hereby granted and entered in favor of Plaintiff and against the Defendants, on a joint and several basis, as and for valid trust debt under the Perishable Agricultural Commodities Act, 1930, 7 U.S.C. § 499a-499t (the "PACA"), in the amount of $30,035.48 principal, 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 awarded will be determined at a later date, according to proof and by separate motion.

2. 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.

3. 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 basis with the Company on Counts I and II, in the full amount of the Outstanding Indebtedness, less any sums recovered under any other Counts of the Complaint.

5. Nothing in this Judgment shall be construed as limiting the Plaintiff to recovery from any particular defendant before any other. While the Plaintiff is restricted to a single recovery, that recovery may be had from any of the Defendants, in any order of payment, up to and including the full amount of the Outstanding Indebtedness.

6. 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.

7. The amount of this Judgment, with a corresponding credit given for all sums Plaintiff actually receives in satisfaction hereof, is hereby expressly founded upon Principal's breach of his fiduciary duties as set forth in Count IV and, as such, is hereby excepted and excluded from any discharge of personal liability which any or all of them may seek in any proceedings under Title 11, United States Code pursuant to 11 U.S.C. § 523(a)(4).

IT IS SO ORDERED.

Hon. Otis D. Wright II United States District Court

Respectfully Submitted,

DATED: September 14, 2009

KURT OSENBAUGH, ESQ. ELIZA KARAPETYAN, ESQ. ALSTON & BIRD LLP MICHAEL J. KEATON, ESQ. KEATON & ASSOCIATES, P.C. Eliza Karapetyan, Esq. One of Plaintiff's Attorneys LOBUE GROWERS COOPERATIVE, d/b/a LOBUE BROS, INC.

20090917

© 1992-2009 VersusLaw Inc.



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