Shin v. Yoon et al

Filing 56

STIPULATION AND ORDER FOR ENTRY OF JUDGMENT AGAINST JUDGMENT DEBTORS; AND FINDINGS OF FACT AND CONDITIONAL RELEASES FROM LIABILITY BY ALL PARTIES signed by District Judge Anthony W. Ishii on 09/10/2019. (Gonzales, V)

1
2
3
4
5
6
7

David Y. Choi (State Bar No. 263917)
[e-mail]
Oliver E. Twaddell
[e-mail]
GOLDBERG SEGALLA, LLP
777 S. Figueroa Street, Suite 1900
Los Angeles, California 90017
Telephone: [phone]
Facsimile: [phone]

10

David H. Rho (State Bar No. 270598)
[e-mail]
1234 Wilshire Blvd. Ste. 411
Los Angeles, California 90017
Telephone: [phone]
Facsimile: [phone]

11

Attorney for Plaintiff HYUN JU SHIN

8
9

12
13

UNITED STATES DISTRICT COURT

14

EASTERN DISTRICT OF CALIFORNIA

15
16

HYUN JU SHIN, an individual;

17

Plaintiff,

18
19
20
21
22
23
24
25
26
27
28

Case No. 1:17-cv-01371-AWI-SKO

vs.
ROBERT YOUNG YOON, an
individual; KYOUNG MEE YOON, an
individual; KYOUNG SUP YOON, an
individual; Y & Y PROPERTY
MANAGEMENT, INC., a California
corporation; THE VICTUS GROUP,
INC., a California Corporation;
BLACKSTONE SEATTLE, LLC, a
Washington limited liability company,
LLC; and DOES 1 through 20 inclusive.

STIPULATION AND ORDER FOR:
(1) ENTRY OF JUDGMENT
AGAINST JUDGMENT DEBTORS;
AND
(2) FINDINGS OF FACT AND
CONDITIONAL RELEASES FROM
LIABILITY BY ALL PARTIES

1

STIPULATION AND ORDER FOR: (1) ENTRY OF JUDGMENT AGAINST
JUDGMENT DEBTORS; AND (2) FINDINGS OF FACT AND
CONDITIONAL RELEASES FROM LIABILITY BY ALL PARTIES

1

Defendants.

2
3
4

-------------------------------------------------AND RELATED COUNTER-CLAIMS.

5
6

On August 28, 2019, the parties filed the following Stipulation:

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Plaintiff Hyun Ju Shin (“HJS”) (“Plaintiff” or “Judgment Creditor”)
commenced this action by filing the Complaint in the above referenced action (the
“Lawsuit”). Defendants Bob Young Yoon (“Bob”), Y&Y Property Management, Inc.
(“YYPM”), Kyoung Mee Yoon (“KMY”), Kyoung Sup Yoon (“KSY”), The Victus
Group, Inc. (“Victus”), and Blackstone Seattle, LLC (“Blackstone”) (collectively, the
“Defendants”), were duly served with the Summons and the Complaint for the
Lawsuit.
For ease of reference, as used herein, the term “Judgment Debtor” and
“Judgment Debtors” shall mean and refer to Bob and YYPM.
SECTION 1:
STIPULATED JUDGMENT AND ORDER
BETWEEN JUDGMENT CREDITOR AND JUDGMENT DEBTORS
The Judgment Creditor and Judgment Debtors have agreed to entry of this
Stipulated Judgment and Order Between Judgment Creditor and Judgment Debtors as
it relates to the allegations contained in the operative pleadings (the “Judgment”). For
avoidance of doubt, KMY, KSY, Victus and Blackstone are not judgment debtors
under the Judgment and are not parties subject to the herein Judgment.
NOW, THEREFORE, on the joint motion of the Judgment Creditor and
Judgment Debtors, it is hereby ORDERED, ADJUDGED AND DECREED as
2

STIPULATION AND ORDER FOR: (1) ENTRY OF JUDGMENT AGAINST
JUDGMENT DEBTORS; AND (2) FINDINGS OF FACT AND
CONDITIONAL RELEASES FROM LIABILITY BY ALL PARTIES

1

follows:

2

1.

Payments. The Judgment Debtors shall be liable, joint and severally, for

3

monetary damages to the Judgment Creditor equal to Two Hundred Thousand Dollars

4

($200,000), payable in installments as set forth in this Section.

5

1.1

First Payment. The Judgment Debtors shall make the first payment of

6

Fifty Thousand Dollars ($50,000) within 60 days of entry of the Judgment. If payment

7

is not timely received in full, interest shall accrue on all outstanding amounts at a rate

8

of ten percent (10%) per annum subject to Section 1.4 below.

9

1.2

Second Payment. The Judgment Debtors shall make the second payment

10

of Fifty Thousand Dollars ($50,000) within 180 days of entry of the Judgment. If

11

payment is not timely received in full, interest shall accrue on all outstanding amounts

12

at a rate of ten percent (10%) per annum subject to Section 1.4 below.

13

1.3

Third Payment. The Judgment Debtors shall make the third payment of

14

Fifty Thousand Dollars ($50,000) within 270 days of entry of the Judgment. If

15

payment is not timely received in full, interest shall accrue on all outstanding amounts

16

at a rate of ten percent (10%) per annum subject to Section 1.4 below.

17

1.4

Fourth Payment. The Judgment Debtors shall make the fourth payment

18

of Fifty Thousand Dollars ($50,000) plus any outstanding amount owed, including

19

accrued interest, by October 30, 2020. If the Judgment Creditor has not received full

20

payment for all amounts owed under the Judgment by October 30, 2020, the Judgment

21

Debtors shall be liable to pay to the Judgment Creditor, joint and severally, for an

22

additional Fifteen Thousand Dollars ($15,000) per month for every month that full

23

payment has not been received (regardless of the amount of the outstanding balance),

24

provided that, as of October 30, 2020, no further interest shall accrue by virtue of the

25

terms set forth in Sections 1.1 – 1.3.

26
27
28

For avoidance of doubt, the foregoing $15,000 payment per month is comprised
3

STIPULATION AND ORDER FOR: (1) ENTRY OF JUDGMENT AGAINST
JUDGMENT DEBTORS; AND (2) FINDINGS OF FACT AND
CONDITIONAL RELEASES FROM LIABILITY BY ALL PARTIES

1

of some (but not all) of the additional damages that the Judgment Creditor claims she

2

suffered (above and beyond $200,000) that the Judgment Creditor agreed to forego,

3

provided that, the Judgment Debtors made full payment to the Judgment Creditor

4

under the Judgment by October 30, 2020.

5

1.5

Sale of Property. The Judgment Debtors represent that they will fund a

6

significant portion of the payments set forth in Paragraphs 1.1 - 1.4 from the sale of

7

the Best Western Inn located at 3110 N. Blackstone Avenue, Fresno, California 93703

8

(the “BW Property”).

9

The Judgment Debtors agree that, in connection with the sale of the BW

10

Property, an irrevocable escrow instruction agreed upon by all parties (the “Escrow

11

Instructions”) shall include the list of conditions and expenses that may be deducted

12

from the gross sale proceeds from the sale of the BW Property, as set forth in the

13

attached Exhibit “A”. The balance of net sale proceeds shall then be disbursed

14

directly from escrow to the Judgment Creditor to the extent the Judgment has not been

15

satisfied in full.

16

The Judgment Creditor agrees to act in good faith and cooperate with the

17

Defendants to effectuate sale of BW Property so that the Judgement Debtors can make

18

timely payments.

19

1.6

Delivery of Payments. All payments made to the Judgment Creditor

20

pursuant to the Judgment shall be made payable to “Goldberg Segalla, LLP” in readily

21

available funds. If payments are not made electronically, funds must be delivered to

22

counsel for the Judgment Creditor, David Choi, Esq., at:

23
24
25

Goldberg Segalla, LLP.
Attn: David Y. Choi, Esq.
665 Main Street
Buffalo, New York 14203

26
27
28

4

STIPULATION AND ORDER FOR: (1) ENTRY OF JUDGMENT AGAINST
JUDGMENT DEBTORS; AND (2) FINDINGS OF FACT AND
CONDITIONAL RELEASES FROM LIABILITY BY ALL PARTIES

1.1.

1

No Priority of Payments Between BW Judgment and Judgment.

2

Bob and YYPM are also judgment debtors (collectively, the “BW Judgment

3

Debtors”) of another stipulated judgment (the “BW Judgment”) entered in a separate

4

civil lawsuit captioned Su Jung Shin v. Robert Young Yoon et al., Case No. 1:18-cv-

5

00381-AWI-SKO, filed in the United States District Court, Eastern District of

6

California.

7

For avoidance of doubt, the Judgment Debtors may elect to pay off all sums

8

owed under the Judgment prior to the Judgment Debtors paying off all sums owed

9

under the BW Judgment, provided that, the BW Judgment Debtors shall be

10

responsible for timely payments of all amounts owed under the BW Judgment and the

11

Judgment Debtors shall be responsible for timely payments of all amounts owed under

12

the Judgment.

13

2.

14

Failure to Make Full Payment by October 30, 2020.
2.1.

General. It is the position of the Judgment Creditor that defendants

15

caused the Judgment Creditor damages substantially greater than the amounts that the

16

Judgment Debtors are obligated to pay under the Judgment. That being said, the

17

Judgment Creditor is willing to accept the lower sum set forth in the Judgment in

18

consideration for the full and timely compliance of all obligations of the Judgment

19

Debtors set forth in the Judgment.

20

2.2.

Modification of the Judgment. If the Judgment Debtors fail to

21

fully satisfy the Judgment by October 30, 2020, in addition to all other rights and

22

remedies that the Judgment Creditor may have (all of which are hereby expressly

23

reserved), the Judgment Creditor, in her sole discretion, shall have the right to move

24

the court to modify the Judgment to determine: (i) whether the Judgment Debtors are

25

liable to the Judgment Creditor for fraud; and/or (ii) increase the monetary obligations

26

of the Judgment Debtors to include an award of punitive damages if the court

27
28

5

STIPULATION AND ORDER FOR: (1) ENTRY OF JUDGMENT AGAINST
JUDGMENT DEBTORS; AND (2) FINDINGS OF FACT AND
CONDITIONAL RELEASES FROM LIABILITY BY ALL PARTIES

1

determines that punitive damages are warranted pursuant to California Civil Code

2

Section 3294 (regardless of whether the Judgment Debtors are determined liable to

3

the Judgment Creditor for fraud).
2.3.

4

Cooperation to Allow the Court to Evaluate Whether to Modify

5

the Judgment. To give full effect to this Paragraph 2 (and all subsections), as it relates

6

to the modification of the Judgment, the Judgment Creditor and Judgment Debtors

7

unconditionally agree to the following: (i) the court will retain jurisdiction to enforce

8

and modify the Judgment; (ii) the failure of the Judgment Debtors to satisfy the

9

Judgment will constitute a “significant change” that was not foreseeable; and (iii) the

10

failure of the Judgment Debtors to satisfy the Judgment constitutes a “hardship” upon

11

the Judgment Creditor.

12

In addition, as it relates to the modification of the Judgment, the Judgment

13

Debtors agree to waive all defenses relating to: (i) the lack of jurisdiction of the court

14

to modify the Judgment; (ii) the lack of a significant change in circumstances

15

warranting a modification; (iii) the lack of hardship on the part of the Judgment

16

Creditor warranting a modification; (iv) the foreseeability of the failure of the

17

Judgment Debtors to satisfy the Judgment; (v) the doctrines of res judicata and

18

collateral estoppel; and (vi) the passage of time (e.g., statute of limitations and laches)

19

to the extent that such defenses rely upon the time accrued between the date of entry

20

of the Judgment to the date that the Judgment is satisfied in full.

21

3.

Bankruptcy or Insolvency Proceeding. Each of the Judgment Debtors

22

individually acknowledges and the Judgment Debtors collectively acknowledge that

23

each payment and all of the payments made pursuant to the terms of Paragraphs 1.1

24

– 1.4 and the sale of the Property pursuant to the terms of Paragraph 1.5, and any and

25

all other payments made by the Judgment Debtors pursuant to this Agreement are a

26

contemporaneous exchange for new value given to the Judgment Creditor and/or are

27
28

6

STIPULATION AND ORDER FOR: (1) ENTRY OF JUDGMENT AGAINST
JUDGMENT DEBTORS; AND (2) FINDINGS OF FACT AND
CONDITIONAL RELEASES FROM LIABILITY BY ALL PARTIES

1

in fact a contemporaneous exchange as those terms are understood under the United

2

States Bankruptcy Code. In addition, the Judgment Debtors acknowledge that each

3

payment and all of the payments made pursuant to the terms of Paragraphs 1.1 – 1.4

4

and the sale of the Property pursuant to the terms of Paragraph 1.5, and any and all

5

other payments made by the Judgment Debtors to the Judgment Creditor pursuant to

6

this Agreement, were negotiated at arm’s length, were made in good faith, and

7

were/are supported by value and/or reasonable equivalent value received from the

8

Judgment Creditor in exchange for such payments.

9

3.1.

Moreover, the Judgment Debtors either individually and/or

10

collectively shall not file a petition under any chapter of the United States Bankruptcy

11

Code within 91 days of the receipt of any payment by the Judgment Creditor made by

12

the Judgment Debtors pursuant to this Agreement. In addition, the Judgment Debtors

13

individually and/or collectively shall not file any receivership, dissolution,

14

assignment for the benefit of creditors, or similar voluntary insolvency proceeding

15

within 91 days of the receipt of any payment by the Judgment Creditor made by the

16

Judgment Debtors pursuant to this Agreement, including but not limited to the Fourth

17

Payment. If the Judgment Debtors, either individually or collectively, file a petition

18

for relief under any chapter(s) of the United States Bankruptcy Code before this

19

Agreement is fully performed, the Judgment Creditor shall be entitled to immediate

20

relief from and lifting of the automatic stay under Paragraph 362 of the United States

21

Bankruptcy Code without any opposition from the Judgment Debtors and/or any of

22

the Judgment Debtors that filed such petition (each a “Filing Debtor”). Moreover,

23

each Filing Debtor waives each and every defense, setoff, or counter-claim(s) that it

24

could otherwise assert in opposition to any motion by the Judgment Creditor for relief

25

from the automatic stay for any purpose. Similarly, the Judgment Debtors

26

acknowledge that each of them individually and/or collectively agree(s) that any

27
28

7

STIPULATION AND ORDER FOR: (1) ENTRY OF JUDGMENT AGAINST
JUDGMENT DEBTORS; AND (2) FINDINGS OF FACT AND
CONDITIONAL RELEASES FROM LIABILITY BY ALL PARTIES

1

voluntary insolvency proceedings, whether for the appointment of a receiver, an

2

assignment for the benefit of creditors, a dissolution, or similar insolvency proceeding

3

was/is/has been filed in bad faith, and any motion filed by the Judgment Creditor to

4

dismiss such proceeding(s) should be immediately granted and that the Judgment

5

Debtors individually and/or collectively waive any and all defenses to any motion(s)

6

filed by the Judgment Creditor to dismiss such proceeding(s).

7
8
9

4.

Waiver of Rights to Appeal Judgment. The Judgment Debtors agree

to fully and unconditionally waive all of their rights to appeal the Judgment.
5.

Responsibility for Payment of Taxes. The Judgment Debtors shall be

10

solely responsible for payment of all taxes they owed to all applicable tax authorities

11

in the United States relating to the ownership and prior sale of the Holiday Inn

12

Property that is the subject of the Lawsuit. . The Judgment Creditor shall be solely

13

responsible for payment of all taxes she owes to all applicable tax authorities relating

14

to the payments received under Section 1.

15

6.

Withdrawal of Lis Pendens. The Judgment Creditor shall withdraw her

16

recorded lis pendens from the Best Western Inn located at 3110 N. Blackstone

17

Avenue, Fresno, California 93703, by August 20, 2019 or as soon thereafter as

18

reasonably possible, provided that, Plaintiff has received adequate contractual

19

assurances that the gross sale proceeds of the BW Property will be deposited into an

20

escrow account pursuant to the Paragraph 1.5.

21

7.

Attorney’s Fees. The Judgment Creditor and the Judgment Debtors shall

22

each bear their own respective attorneys’ fees and costs accrued in the Lawsuit. If any

23

party to the Judgment seeks to enforce or move to modify the Judgment, the prevailing

24

party shall be entitled to payment of its reasonable attorneys’ fees.

25
26
27
28

8.

Indemnity. The Judgment Debtors agree to indemnify, defend and hold

harmless the Judgment Creditor for, from and against any and all liability, demands,
8

STIPULATION AND ORDER FOR: (1) ENTRY OF JUDGMENT AGAINST
JUDGMENT DEBTORS; AND (2) FINDINGS OF FACT AND
CONDITIONAL RELEASES FROM LIABILITY BY ALL PARTIES

1

damages, claims, causes of action, judgments, awards, expenses, and fees (including

2

reasonable fees of attorneys, experts and consultants) including, but not limited to,

3

claims for personal injury, emotional and psychological distress, pain and suffering,

4

property damage, loss of income, diminution in business value or goodwill, and death,

5

that arises from, pertains to, or relates to (whether in whole or in part) the Judgment

6

Debtor’s breach of the Judgment. The parties intend for this provision to not violate

7

any applicable laws (including Civil Code §§ 2782 et. seq.) and, to the fullest extent

8

permitted by law, this provision shall be interpreted in such a manner. For avoidance

9

of doubt, no indemnitor shall be required to indemnify or defend an indemnitee for

10

that indemnitee’s sole negligence or willful misconduct as adjudicated by a court of

11

competent jurisdiction.

12

The Judgment Creditor agrees to indemnify, defend and hold harmless the

13

Judgment Debtors, KSY, KYM, Victus and Blackstone for, from and against any and

14

all liability, demands, damages, claims, causes of action, judgments, awards,

15

expenses, and fees (including reasonable fees of attorneys, experts and

16

consultants) including, but not limited to, claims for personal injury, emotional and

17

psychological distress, pain and suffering, property damage, loss of income,

18

diminution in business value or goodwill, and death, that arises from, pertains to, or

19

relates to (whether in whole or in part) the Judgment Creditor’s breach of the

20

Judgment. The parties intend for this provision to not violate any applicable laws

21

(including Civil Code §§ 2782 et. seq.) and, to the fullest extent permitted by law, this

22

provision shall be interpreted in such a manner. For avoidance of doubt, no indemnitor

23

shall be required to indemnify or defend an indemnitee for that indemnitee’s sole

24

negligence or willful misconduct as adjudicated by a court of competent jurisdiction.

25
26
27
28

9.

Lis Pendens. The Judgment Creditor will not attach a lis pendens against real

property that Defendants own prior to October 30, 2020, provided that, Defendants
9

STIPULATION AND ORDER FOR: (1) ENTRY OF JUDGMENT AGAINST
JUDGMENT DEBTORS; AND (2) FINDINGS OF FACT AND
CONDITIONAL RELEASES FROM LIABILITY BY ALL PARTIES

1

act in good faith to not transfer assets to third parties or otherwise circumvent the

2

Judgment.

3

10.

Stay. The court shall retain jurisdiction of this matter for the purpose of

4

enabling the parties to apply to the court at any time for such further orders and

5

directives as may be necessary or appropriate for the interpretation of modification of

6

the Judgment or for the enforcement of compliance therewith.

7

SECTION 2:

8

STIPULATED FINDINGS OF FACT AND

9

CONDITIONAL RELEASES BY ALL PARTIES

10

1.

Findings of Fact. HJS, Bob, YYPM, KMY, KSY, Victus and

11

Blackstone unconditionally agree to be bound by the following findings of fact and

12

will not contest, in any manner or forum, each of the following:

13
14

1.1
("Cascade Lodge")

15
16
17
18

HJS owns 99% of all ownership interests in Cascade Lodge Investment, LLC

1.2

Cascade Lodge owns 49% of Cascade Hospitality, LLC

("Cascade Hospitality")
2.

Mutual Release of Claims.
2.1.

Plaintiffs’ Release of Claims. Upon full payment of all sums owed

19

by the Judgment Debtors under the Judgment (and dismissal with prejudice of the

20

counter-complaint filed against the Judgment Creditor), the Judgment Creditor,

21

individually and in her capacity as a shareholder, owner, member, partner, officer,

22

and/or director of YYPM, Cascade Lodge, Cascade Hospitality, and any legal entity

23

agrees to finally and forever release, waive, and discharge each of the Judgment

24

Debtors, Cascade Lodge, Cascade Hospitality, KMY, KSY, Victus, and Blackstone

25

and their past and current representatives, agents, officers, directors, owners,

26

shareholders, partners, members and employees from any and all claims, actions,

27
28

10

STIPULATION AND ORDER FOR: (1) ENTRY OF JUDGMENT AGAINST
JUDGMENT DEBTORS; AND (2) FINDINGS OF FACT AND
CONDITIONAL RELEASES FROM LIABILITY BY ALL PARTIES

1

lawsuits, causes of action, liens, debts, awards, judgments, liabilities, demands,

2

obligations, contracts or commitments, debts, accounts, covenants, disputes,

3

controversies, agreements, promises, acts, costs, fees and expenses (including without

4

limitation attorneys’ fees, experts’ fees and consultants’ fees), damages, and

5

executions, of whatever kind or nature, including (but not limited to) statutory, civil,

6

common law or administrative claims, contract or tort claims, whether express,

7

implied in law or fact, oral or written, whether known or unknown, suspected or

8

unsuspected, fixed or contingent, apparent or concealed, at law or in equity, in

9

connection with, that relates to, or arises from the Lawsuit or any investments or

10

financial transactions between the Judgment Creditor and the Judgment Debtors,

11

KMY, KSY, Victus, or Blackstone.

12

2.2.

Defendants’ Release of Claims. Upon full payment of all sums

13

owed by the Judgment Debtors under the Judgment and Judgment Creditor’s

14

dismissal with prejudice of all Defendants from the Lawsuit, the Judgment Debtors,

15

KMY, KSY, Victus, Blackstone, Cascade Lodge, and Cascade Hospitality

16

(individually and in their capacities as shareholders, owners, members, partners,

17

officers, employees, and/or directors of any legal entity) and anyone “standing in the

18

shoes” of any of the foregoing, whether a trustee, debtor-in-possession, examiner,

19

receiver, assignee for the benefit of creditors, custodian, responsible officer, corporate

20

monitor, administrator, executor, or other court-appointed fiduciary, agree(s) to

21

finally and forever release, waive, and discharge HJS (and her respective past and

22

current representatives, agents, officers, directors, owners, and employees) from any

23

and all claims, actions, lawsuits, causes of action, liens, debts, awards, judgments,

24

liabilities, demands, obligations, contracts or commitments, debts, accounts,

25

covenants, disputes, controversies, agreements, promises, acts, costs, fees and

26

expenses (including without limitation attorneys’ fees, experts’ fees and consultants’

27
28

11

STIPULATION AND ORDER FOR: (1) ENTRY OF JUDGMENT AGAINST
JUDGMENT DEBTORS; AND (2) FINDINGS OF FACT AND
CONDITIONAL RELEASES FROM LIABILITY BY ALL PARTIES

1

fees), damages, and executions, of whatever kind or nature, including (but not limited

2

to) statutory, civil, common law or administrative claims, contract or tort claims,

3

whether express, implied in law or fact, oral or written, whether known or unknown,

4

suspected or unsuspected, fixed or contingent, apparent or concealed, at law or in

5

equity, in connection with, that relates to, or arises from the Lawsuit or any

6

investments or financial transactions between Judgment Creditor and the Judgment

7

Debtors, KMY, KSY, Victus, or Blackstone.
2.3.

8

Civil Code Section 1542. EACH PARTY ACKNOWLEDGES

9

THAT IT HAS BEEN ADVISED BY THEIR RESPECTIVE LEGAL COUNSEL

10

AND ARE FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE

11

SECTION 1542, WHICH PROVIDES AS FOLLOWS:

12

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

13

WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO

14

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING

15

THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST

16

HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT

17

WITH THE DEBTOR.”

18

BEING AWARE OF SAID CODE PARAGRAPH, EACH RELEASING

19

PARTY HEREBY EXPRESSLY WAIVES ANY AND ALL RIGHTS IT/HE/SHE

20

MAY HAVE THEREUNDER, AS WELL AS ANY AND ALL RIGHTS IT/HE

21

MAY HAVE BY REASON OF OTHER STATUTES OR COMMON LAW

22

PRINCIPLES OF SIMILAR EFFECT.

23

2.4.

Agreement Effective Notwithstanding Subsequent Discovery of

24

Different Facts. Each party acknowledges that it/he/she may hereafter discover facts

25

different from or in addition to those they now know or believe to be true with respect

26

to the claims, demands, causes of action, obligations, damages, liabilities of any

27
28

12

STIPULATION AND ORDER FOR: (1) ENTRY OF JUDGMENT AGAINST
JUDGMENT DEBTORS; AND (2) FINDINGS OF FACT AND
CONDITIONAL RELEASES FROM LIABILITY BY ALL PARTIES

1

nature whatsoever that are the subject of the release set forth herein in this Judgment,

2

and each party hereto expressly agrees to assume the risk of the possible discovery of

3

additional or different facts, and agree that the release shall be and remain effective

4

in all respects regardless of such additional or different facts.

5

2.5.

Representation of Non-Assignment. Each releasing party warrants that it

6

has not, prior to the execution of this Judgment, assigned to any other person or entity

7

any of the claims being settled, released or waived by the terms of this Judgment.

8

Accordingly, if any person or entity not a party to this Judgment hereafter makes any

9

claim against any released party, and such claim arises as a result of any assignment

10

(whether in fact or by operation of law) or purported subrogation of the rights of any

11

releasing party, then that releasing party agrees to indemnify, defend, and hold

12

harmless each released party against any and all losses, costs, expenses, attorney's

13

fees, obligations or other liabilities at the time such losses are incurred arising out of

14

or relating to any such purported claims asserted by any such third party.

15
16

[Rest of this page is intentionally left blank]

17
18
19
20
21
22
23
24
25
26
27
28

13

STIPULATION AND ORDER FOR: (1) ENTRY OF JUDGMENT AGAINST
JUDGMENT DEBTORS; AND (2) FINDINGS OF FACT AND
CONDITIONAL RELEASES FROM LIABILITY BY ALL PARTIES

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Exhibit A
Permitted Expenses for the Sale of Best Western Property
YYPM, Bob, HJS and SJS agree to incorporate the following into the escrow
instructions with regard to the sale of the Best Western Inn property located on 3110
N. Blackstone Avenue, Fresno, California 93703 (the “Property”):
The net sale proceeds from the sale of the Property (as used herein, the term “net sale
proceeds” shall mean the gross sale proceeds from the sale of the Property minus any
necessary and reasonable categories of acceptable expenses below relating to the sale)
shall be disbursed directly from escrow to HJS and SJS (as they may determine) to
the extent the BW Judgment and HI Judgment remain unsatisfied in full:
Processing Fees
Appraisal Reports
Appraisal Reviews
Tax Services
Credit Reports
Flood Hazard Determination
Flood Hazard Analyzation
UCC Searches
Certificate of Good Standing
Site Inspection Fees
Tax Impound Reserves (Federal, State, County and City)
Prepaid Interest
Legal Fees
Escrow Fees
Grant Deed Preparation
Pay Off Demand Processing Fees
CA FTB Payment Processing Fees
New Loan Service Fees
TOT Taxes
TBID Taxes
CA Tourism Assessment Taxes
Title Insurance
Title Insurance Inspections
Title Insurance Processing Fees
ALTA Surveys
Endorsements
Inspection Fees
14
JUDGMENT

1
2
3
4
5
6
7
8
9
10
11
12
13

Recording Fees
Grant Deed Processing
Grant Deed Recording
Assignment of Rents
State Transfer Taxes
County Transfer Taxes
City Transfer Taxes
Notary Fees
Signing Service Fees
Property Tax Prorations
Repair Credits offered to a bona fide purchaser in good faith
Federal Capital Gains Taxes for the sale of YYPM
State Capital Gains Taxes for the sale of YYPM
Federal Corporate Income Taxes for YYPM
State Corporate Income Taxes YYPM
For avoidance of doubt, none of the above expenses shall be made unless reasonable,
and necessary (or widely accepted and customary practice) for the sale of substantially
similar properties.

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

15
JUDGMENT

1

STIPULATED AS TO SECTION 1: STIPULATED JUDGMENT
BETWEEN JUDGMENT CREDITOR AND JUDGMENT DEBTORS1

2
3
4

Dated: August ___, 2019

5

HYUN JU SHIN
Sign:

6
7

Dated: August ___, 2019

8
9

BOB YOUNG YOON
Sign:

Dated: August ___, 2019

Y&Y PROPERTY MANAGEMENT, INC.

10

Sign:
Name:
Title:

11
12
13
14

STIPULATED AS TO SECTION 2: STIPULATED FINDINGS OF FACT
AND CONDITIONAL RELEASES BY ALL PARTIES2

15
16

Dated: August ___, 2019

HYUN JU SHIN

17

Sign:
18
19

Dated: August ___, 2019

20

BOB YOUNG YOON
Sign:

21
22

Dated: August ___, 2019

Y&Y PROPERTY MANAGEMENT, INC.
Sign:
Name:
Title:

23
24
25
26
27
28

1

The Court notes that the filed stipulation (Doc. No. 52) contains signatures in counterparts for
this “Section 1.”
2
The Court notes that the filed stipulation (Doc. No. 52) contains signatures in counterparts for
this “Section 2.”
16
JUDGMENT

1
2

Dated: August ___, 2019

3

KYOUNG MEE YOON
Sign:

4
5

Dated: August ___, 2019

6

KYOUNG SUP YOON
Sign:

7
8

Dated: August ___, 2019

9

Sign:
Name:
Title:

10
11
12

THE VICTUS GROUP, INC.

Dated: August ___, 2019

13

BLACKSTONE SEATTLE, LLC
Sign:
Name:
Title:

14
15
16
17

AGREED AS TO FORM AND CONTENT

18
19

Dated: August ___, 2019

GOLDBERG SEGALLA, LLP

20

Sign:
Name:

21
22

David Y. Choi, Esq.

23
24
25
26

Dated: August ___, 2019

CHRISTINE PARK LAW FIRM, APC
Sign:
Name:

Boksoon Christine Park, Esq.

27
28

17
JUDGMENT

1

After consideration, the Court will give effect to the stipulation.

2
3

IT IS SO ORDERED.

4

Dated: September 10, 2019
5

SENIOR DISTRICT JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

18
JUDGMENT