Tentative Ruling: DO WOO KIM, ET AL. VS HYUN JONG HAN, ET AL.

• 
• 

						
                                
Preview
                                Honorable Richard Rico                                                    Monday—October 28, 2019
Department 17                                                                               Calendar No. 5
                                            PROCEEDINGS
                                                                                                   FILED
         The Wilton Korean Presbyterian Church in Los Angeles, Kini, BEAR r Court of California
                                                                          ity of Los Angeles
         v. Han et al.
         19STCV16827
         Demurrer to First Amended Complaint
                                                                                                OCT 28 291g
                                                                                    Sherri Ca
                                                                                     By_Cgian
                                                                                                fet. Execu tive,   r/Clerk
                                                                                                                   Deputy
                                       EEREPATHYE          RULING                                Anti    Ohi

This controversy is a corporate governance dispute that arose among the members of the
directors of The Wilton Korean Presbyterian Church in Los Angeles, a nonprofit
religious entity (“Church”). (First Amended Complaint (“FAC”) § 1.) There are two
related cases. The first case is the lead case, and it was initiated by Do Woo Kim and Do
Rim Kim (the “Kim Brothers”). (FAC §§ 2-3.) In this first case, the Kim Brothers allege
that, pursuant to a June 22, 2019 board meeting and a subsequent ratification on July 28,
2019, they are the proper directors of Church and are authorized to act on behalf of
Church. (FAC ff 33, 35.) They further allege that an opposing group of directors had a
sham election on June 23, 2019 which did not lead to the installation of a new board of
directors. (FAC § 34.)

In response to the Kim Brothers’ lawsuit, the opposing directors of Church filed a lawsuit
against the Kim Brothers: Wilton Korean Presbyterian Church, et al. v. Do Woo Kim et
al., L.A. Superior Court case No. 19STCP02628.! This is the related case. One of the key
figures on the plaintiff side in this related case is Pastor Hyun Jong Han, and Pastor Han
is a key Defendant in the lead case. (FAC 4 4.) Accordingly, Pastor Han and his Co-
Defendants in the lead case are referred to herein as the Han Parties. Pastor Han and
those aligned with his interests, acting through Church, obtained a preliminary injunction
against the Kim Brothers in the related case; the Kim Brothers were subsequently
unsuccessful at obtaining a preliminary injunction against the Han Parties in the lead
case.


Factual Background (as alleged in FAC)

Church was originally founded by Pastor Steve Do Kim. (FAC § 13.) Church’s first
board of directors was selected on February 26, 2006, and it consisted of five members:
Pastor Steve, the Kim Brothers, Defendant Yong Chul Cho (“Cho”), and nonparty Won
Bo Shim (“Shim”). (FAC § 15.) Shim passed away in late 2017. Pastor Steve passed
away in January 2018. (FAC " 19-20.)

On January 7, 2018, Church hired Defendant Hyun Jong Han (“Han”) as its new pastor.
(FAC § 24.) The FAC alleges that Han, along with his Co-Defendants — Cho, former

' The Kim Brothers brought suit in the name of Church in the lead case, and the opposing directors brought
suit in the name of Church in the related case. In order to avoid confusion, the Court omits any reference to
Church as a party, and instead refers to the individuals on each side of the controversy.