페이지 정보작성자 정적 작성일18-11-30 12:03 조회3,025회 댓글1건
Paul S. Chan - State Bar No. 183406
David I. Hurwitz - State Bar No. 174632
BIRD, MARELLA, BOXER, WOLPERT, NESSIM,
DROOKS, LINCENBERG & RHOW, P.C.
1875 Century Park East, 23rd Floor
Los Angeles, California 90067-2561
Telephone: (310) 201-2100
Facsimile: (310) 201-2110
Attorneys for Defendants Jeungsando of America, Inc., Jae Nam Kim and Jae Sung Chung
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES, CENTRAL DISTRICT
KARYS DALSOOK MA, an individual,
JOONG KUN AHN, an individual; JEUNGSANDO, unknown entity; JONG SUNG LEE, an individual; HYUNG SUNG KIM, an individual; JAE NAM KIM, an individual; KYUNG HEE LEE, an individual; SUK KIM, an individual; KIYONG KIM, an individual; JYUNG SUN YOO, an individual; JAE SUNG CHUNG, an individual; and DOES 1-50, inclusive,
CASE NO. BC625692
STIPULATION FOR ENTRY OF JUDGMENT AND [PROPOSED] JUDGMENT
Assigned to Hon. Teresa A. Beaudet, Dept. 50
Action Filed: July 25, 2017
Jeungsando of America, Inc. Myung Sun Yoo, Jae Nam Kim and Jae Sung Chung, , on the one hand, and Karys Dalsook Ma and Un Sook Park, on the other hand, hereby agree and stipulate as follows:
1. On November 9, 2015, Jeungsando of America, Inc. and Myung Sun Yoo filed a lawsuit against Ma and Un Sook Park in the United States District Court for the Eastern District of New York, Case No. CV 15-6400-CBA-VMS, alleging claims for defamation, copyright infringement, under the Digital Millennial Copyright Act, prima facie tort, civil conspiracy, under the Enforcement Act (Civil Rights Act) of 1871; full faith and credit, res judicata, and collateral estoppel for decisions of the Supreme Court of the Republic of Korea and the Seoul Central District Court of the Republic of Korea, under the New York State Constitution Bill of Rights and injunctive relief (the “New York Action”).
2. On June 30, 2016, Ma filed a lawsuit against Joong Kun Ahn, Jeungsando (a Korean religious organization (“Jeungsando”)), Kim, Chung and Jong Sung Lee, Hyung Sung Kim, Kyung Hee Lee, Suk Kim, Kiyong Kim, Jyung Sun Yoo, and Does 1-50, in the Superior Court of the State of California for the County of Los Angeles, Case No. BC625692, alleging claims for slander and libel, defamation, intentional infliction of emotional distress, civil conspiracy, declarative relief, and false accusation (the “California Action”).
3. Following mediation, the Parties reached a resolution of the New York Action, the California Action, and all claims between them, memorialized in a Settlement Agreement dated and effective [ ], 2018. The Settlement Agreement includes, among other things, mutual non-disparagement provisions.
4. The Settlement Agreement provides that if Ma breaches the Settlement Agreement, and further fails to cure the breach within ten (10) calendar days of receipt of a written notice of default (with such written notice to be delivered to both Ma and his counsel), Jeungsando of America is entitled to move for entry of the [Proposed] Judgment appended to this Stipulation.
5. Ma at all relevant times has been represented by competent counsel and knowingly and voluntarily entered into the Settlement Agreement and this Stipulation after careful consideration of all the facts, law, and potential outcome of the New York Action and the California Action. Ma understands that the potential outcome of litigation could have resulted in a judgment against him in excess of the value of the settlement.
6. Pursuant to the liquidated damages provision of the Settlement Agreement, the sum of the judgment to be entered in the event of an uncured breach of the Settlement Agreement will be $36,000, plus reasonable attorneys’ fees and costs.
8. No appeal shall be taken by any party from this judgment, the right to appeal being expressly waived by the Parties.
9. Judgment shall be entered pursuant hereto in the event the Court grants the regularly-noticed motion.
IT IS SO STIPULATED.
Dated: January __, 2018 Jeungsando of America, Inc.
Dated: January __, 2018 Myung Sun Yoo
Dated: January __, 2018 Jae Nam Kim
Dated: January __, 2018 Jae Sung Chung
Dated: January __, 2018 Karys Dalsook Ma
Dated: January __, 2018 Un Sook Park
REVIEWED AND APPROVED AS TO FORM:
Dated: January __, 2018 Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, P.C.
Attorneys for Jae Nam Kim, and Jae Sung Chung
Dated: January __, 2018 Dahiya Law Offices LLC
Attorneys for Karys Dalsook Ma
[PROPOSED] ORDER AND JUDGMENT AGAINST KARYS DALSOOK MA
IT IS HEREBY ADJUDGED, ORDERED, AND DECREED that, based on the Settlement Agreement dated [ ], 2018, and based on the Stipulation for Entry of Judgment and [Proposed] Judgment dated [ ], 2018, and good cause appearing:
JUDGMENT is hereby ordered, adjudged, and decreed that judgment is entered in favor of Jeungsando of America, Inc. and against Karys Dalsook Ma in the amount of $___________, plus attorneys’ fees and costs in the amount of $ _______, for a total of $___________.
IT IS SO ORDERED.
The Honorable Teresa A. Beaudet
- Effective Date. This Settlement Agreement is effective as of the date a fully executed Settlement Agreement signed by all of the Parties is exchanged among the Parties by and through their respective counsel (“Effective Date”).
- Dismissal of the Actions. Within fifteen (15) business days of the Effective Date:
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