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

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                                Honorable Richard Rico                                          Thursday—September 19, 2019
Department 17                                                                       Calendar No. 6
                                         PROCEEDING:

        The Wilton Korean Presbyterian Church in Los Angeles, Kim, et al.                           FIL
                                                                        Sup erior Court of California
        y. Han et al.                                                                           ‘ounty of Los Angeles
         19STCV16827
         Motion for Preliminary Injunction                                                       sep 1 2018
                                                                                        “aaIMS
                                                                                     Sherri                         Bat/Clerk
                                                     ¢ RULING                         By.                               Deputy

This is a corporate governance dispute that arose among the members of the directors of
Plaintiff The Wilton Korean Presbyterian Church in Los Angeles, a nonprofit religious
entity (“Church”). (Compl. § 1.). As alleged in the Complaint, chairman of the board Do
Woo Kim (“Woo”) and secretary Do Rim Kim (“Rim”) are also Plaintiffs. (Compl. {§ 2-
3.)
This case is related to Wilton Korean Presbyterian Church, et al. v. Do Woo Kim et al.,
L.A. Superior Court case No. 19STCP02628. Woo ad Rim, who are the Plaintiffs in the
consolidated action, are the defendants in the related case.

Church was originally founded by Pastor Steve Do Kim (“Steve”). (Compl. § 12.)
Church’s first board of directors was selected on February 26, 2006, and it consisted of
Steve, Plaintiff Woo, Plaintiff Rim, Defendant Yong Chul Cho (“Cho”), and nonparty
Won Bo Shim (“Shim”). (Compl. § 14.) Shim passed away in late 2017. Pastor Steve
passed away in January 2018. (Compl. 4 12, 17.)

On January 7, 2018, Church hired Defendant Hyun Jong Han (“Han”) as its new pastor.
(Compl. § 20.) The Complaint alleges that Han, along with his Co-Defendants — Cho,
former employee Francis Kim (“Kim”), Thomas Chu (“Chu”), and Dae Won                     Park
(“Park”) — all subsequently took action to the detriment of Church by misappropriating
funds and interfering with Church management and worship services. (Compl. {| 24-26.)
As alleged, on May 5, 2019, Pastor Han’s employment was terminated. (Compl. § 4.) As
alleged, on May 13, 2019, Church excommunicated Han, Cho!, and Kim. (Compl. {§ 4-
6.)

Given these allegations, Plaintiffs    assert that they, along with Cho, are the only current
members of the board of directors      “as Steve and Shim have both passed away and no new
directors have been selected yet.”     (Compl. § 18.) Defendants dispute Woo’s and Rim’s
status as board members and their      ability to act on Church’s behalf. (Compl. {| 28.)

On August 14, 2019, the Court ruled on Defendants’ demurrer to Plaintiffs’ complaint.
Demurrer was overruled as to the declaratory relief cause of action and was sustained as

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"Tt is unclear how Cho was excommunicated (Compl. § 5) but still remains a member of the Church board
of directors (Compl. { 18).