LoBue Bros Inc v. Great Pacific Inc et al

Filing 22

JUDGMENT by Court Against All Defendants by Judge James V. Selna, in favor of LoBue Bros Inc against Great Pacific Inc, Revival Enterprise Inc, Min Yong Kim, Yong Hak Lee in the principal amount of $511,273.30, interest in the amount of $60,599.97, attorneys fees of $15,037.47, costs of $567.05. (MD JS-6, Case Terminated). (twdb)

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JS-6

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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LOBUE BROS., INC., a corporation,

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CASE NO. 8:13-cv-00362-JVS-JPR

Plaintiff,

JUDGMENT BY COURT AGAINST
ALL DEFENDANTS

vs.

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GREAT PACIFIC, INC., a California
corporation; YONG HAK LEE, an
individual; REVIVAL ENTERPRISE,
INC., a California corporation, a.k.a.
REVIVAL ENTERPRISES, INC.; MIN
YONG KIM, a.k.a. YONG MIN KIM,
a.k.a. NATHANIEL KIM, an individual,

[Fed.R.Civ.P. Rule 55(b)(2)]

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Defendants.
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Having read and considered Plaintiff LOBUE BROS., INC.’s Motion for Default

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Judgment against Defendants GREAT PACIFIC, INC., a California corporation; YONG

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HAK LEE, an individual; REVIVAL ENTERPRISE, INC., a California corporation,

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a.k.a. REVIVAL ENTERPRISES, INC.; and MIN YONG KIM, a.k.a. YONG MIN KIM,

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a.k.a. NATHANIEL KIM, an individual (collectively, “Defendants”), and all supporting

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pleadings and exhibits submitted therewith and other pleadings and exhibits already on

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file with this Court, and good cause appearing therefor,

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IT IS HEREBY ADJUDGED that Plaintiff LOBUE BROS., INC., a corporation,

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is entitled to immediate entry of default judgment against Defendants GREAT PACIFIC,

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INC., a California corporation; YONG HAK LEE, an individual; REVIVAL

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ENTERPRISE, INC., a California corporation, a.k.a. REVIVAL ENTERPRISES, INC.;

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and MIN YONG KIM, a.k.a. YONG MIN KIM, a.k.a. NATHANIEL KIM, an individual,

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jointly and severally, as follows, all of which qualifies for trust protection under the trust

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provisions of the Perishable Agricultural Commodities Act (“PACA”) [7 U.S.C. §499e,

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et seq.]:

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(i)

Principal in the amount of $511,273.30;

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(ii)

Pre-judgment interest charges through and including July 8,

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2013 (the date of the hearing on Plaintiff’s motion), in the

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amount of $60,599.97, plus $140.08 per day from July 9,

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2013, through the date on which judgment is entered;

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(iii)

Attorney’s fees of $15,037.47;

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(iv)

Recoverable costs of $567.05; and

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(v)

Post-judgment interest charges at the federal rate.

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IT IS HEREBY ADJUDGED that this judgment is a PACA trust judgment, and as

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such, is superior to and takes priority over other secured and unsecured claims against

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Defendants’ accounts receivable, inventory, proceeds thereof, and all other PACA trust

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assets; that PACA trust assets do not become property of Defendants or of the estates of

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Defendants under 11 U.S.C. §541; and that only funds in excess of the trust funds

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necessary to pay Plaintiff’s PACA trust claim are property of the estates of Defendants,

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subject to any valid liens or claims thereto.

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IT IS HEREBY ADJUDGED that this judgment is entered pursuant to
Fed.R.Civ.P. Rule 54(b) and 55(b)(2).
IT IS SO ORDERED.

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DATED: July 23, 2013

______________________________
HON. JAMES V. SELNA
UNITED STATES DISTRICT JUDGE

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