Los Angeles, California (PRWEB) January 25, 2013
Attorney Joe Curd and Alex Galindo attorneys with Curd, Galindo & Smith, LLP announce the settlement of the lawsuit filed by their client Kin Hui and Singpoli Pacifica LLC, real estate developers based in Arcadia against Los Angeles based real estate brokerage firm, Charles Dunn Company.
Court records show that Plaintiffs Kin Hui and Singpoli Pacifica, LLC sued Charles Dunn Company in Los Angeles Superior Court Case No. BC 451003. The court files indicate that Plaintiffs sued on two causes of action: (1) Breach of Contract, and (2) Defamation. The essence of the complaint stated that Mr. Hui and others were sued in a prior action for non-payment of a commission to Defendant Charles Dunn Company. Court records indicate that during the lawsuit Mr. Hui and Boardwalk Capital, LP filed a Motion for Summary Judgment. Charles Dunn Company did not oppose the motion, and instead executed a Release Agreement in favor of Hui and Boardwalk including their successors, assigns, representatives and partners. The court file states that the release excluded only a company called Singpoli Pacifica Development, Ltd. (“SPDL”). After Hui, Boardwalk and their partners were released, SPDL lost the case and became indebted to Dunn on a judgment.
Per the Complaint filed with the court, Charles Dunn Comapny engaged in post-judgment collection activities which included, among other things, attempts to discover information and assets from non-judgment debtors, through the use of judgment debtor examinations and subpoenas to banks, including actions aimed at Plaintiffs to seek to hold them responsible to pay the judgment. In addition, the court file indicates that real estate agent for Charles Dunn Company, Robert Harrison began making statements in the local real estate community to the effect that Plaintiffs owed him and Charles Dunn Company on the judgment and refused to pay. He also appeared at various Pasadena city hearings claiming that the “developers” of a construction project which included the New Constance Hotel at the corner of Lake and Colorado Boulevards in the City of Pasadena (including Plaintiffs) owed on a judgment and refused to pay. The court records indicate that Robert Harrison asked at a City Council meeting that approval of Plaintiffs’ development project be conditioned upon payment of the judgment by Kin Hui. Plaintiffs alleged in the court documents that Robert Harrison's conduct, breached the Release Agreement and defamed Kin Hui.
Court documents allege that Charles Dunn Company sought to justify their conduct by claiming that Plaintiffs were “alter egos”, or “the same as”, or “affiliated with”, or “in common ownership with” the judgment debtor, or are all part of a Singpoli Group of Companies”. Court records indicate that Charles Dunn Company also sought to defend their statements as “true”, based on the above contentions and theories.
Kin Hui however, claimed in court records that he nor his company could not be liable in any way on the judgment due to the Release, regardless of any theory advanced by the defendants, since the release was unconditional and included a waiver of Civil Code § 1542.
Kin Hui also alleged in court documents that his reputation was negatively affected by the false statements made by Robert Harrison to the City of Pasadena council members and other real estate brokers. Court records state that Kin Hui was humiliated and defamed by Robert Harrison's statements.
The trial was set to commence on Monday January 28, 2013 however court records show that Charles Dunn Company agreed to settle all claims against the company by (1) Paying Kin Hui $385,000, (2) Release any claims of the judgment against Plaintiffs and (3) Provide a letter to Kin Hui indicating that the statements made by its real estate salesperson was incorrect and in fact that Kin Hui never owed any money to Charles Dunn Company. A review of the court file reveals that Charles Dunn Company could have been subject to millions in damages and attorneys' fees in favor of Kin Hui. The settlement of the lawsuit now closes two years of litigation for the parties.
The development can now continue to proceed in Pasadena at the corner of Lake and Colorado.
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Curd, Galindo & Smith, LLP is a full service law firm that includes practice areas of business torts, bankruptcy, criminal law, estate planning, civil business litigation, personal injury, product liability and police misconduct. The firm represents both corporate and individual clients of all sizes and those who have been seriously injured or have lost a family member due to an accident, defective product, police misconduct or negligence. The law firm has recovered millions of dollars for its thousands of clients since 1995 by winning complex and challenging business disputes, death and injury cases involving police misconduct, traffic collisions, work place injuries and defective products, including defective automobiles, against some of the world's largest companies and governmental agencies.