Preview
FILED
10/12/2022 6:10 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Cassandra Walker DEPUTY
NO. DC-21-04907
PK RESTAURANT GROUP, LLC, AND § IN THE DISTRICT COURT
BNG MANAGEMENT GROUP, LLC §
§
Plaintiffs, §
§
v. § IOIST JUDICIAL DISTRICT
§
TOZEE CONSTRUCTION INC., GIANT §
BLUE, INC., AND JIMMY CHO, §
INDIVIDUALLY, §
§
Defendants. § DALLAS COUNTY, TEXAS
NOTICE OF INTENT TO TAKE ORAL DEPOSITION & DEMAND FOR
PRODUCTION
TO BNG MANAGEMENT GROUP, LLC by and through attorney of record, Jordan
Whiddon, jwhiddon@songwhiddon.com.
PLEASE TAKE NOTICE that Defendants will take the oral deposition of the corporate
representative of BNG MANAGEMENT GROUP, LLC. The deposition will commence at SONG
WHIDDON, PLLC, 8111 LBJ Freeway, Suite 480, Dallas, Texas 75251, on October 18, 2022 at
9:30 AM and will continue from day to day until completed or otherwise agreed to by the parties
or their counsel of record. A11 parties are invited to attend and examine the witness as prescribed
by the Texas Rules of CiVil Procedure.
We intend to question BNG MANAGEMENT GROUP, LLC about the below listed topic
sentences. Pursuant to Rule 199, we therefore request that YOU designate one or more individuals
to testify on behalf and notify us (and all other parties) of the names of the designated individuals,
their position or relationship with YOU and the matters on which each individual will testify.
NOTICE 0F INTENT To TAKE DEPOSITION
PAGE 1 0F 6
1. The location, tenns, nature, and basis of all contracts You contend You have or have had
with each defendant—both those made basis to this Lawsuit and any You had previously.
2. The facts and/or events and/or actions and/or conduct that You contend support each
element of each cause of action that You assert against each defendant and/or defendants
in this lawsuit. Including, but not limited to, the following:
a. Each alleged instance of breach of any contract;
Including when it occurred: date and time;
ii. Where it occurred: address, location within a building;
iii. Who witnesses it, who reported it, who caused it, and to whom it each was
reported;
iV. How such alleged breach is actually breach, including where in the contract
such an obligation or prohibition may be found;
What happened—the narrative—that caused this breach or in which this
breach was discovered;
Vi. Why it happened—if you take any such position;
b. Each alleged instance of fraud;
Each alleged representation;
ii. How each such representation was material;
iii. How each such representation was false;
iV. Who made each such representation and to whom it was made;
When it was made, where it was made, and how it was made;
vi. What the basis for reliance was;
Vii. How such reliance was justifiable;
NOTICE OF INTENT TO TAKE DEPOSITION
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viii. How You were damaged;
c. Each alleged instance of theft, conversion, and taken monies;
What You contend was taken;
ii. When You contend each item was taken;
iii. Who You contend took it;
iv. Your basis for making a claim of legal title to the item, including when,
where, and how You rented and/or purchased it;
V. Your damages;
d. Each alleged instance of tortious interference;
i. Which form of tortious interference You are claiming;
ii. Which contract or prospective business relationship You contend was
interfered with;
iii. The who, what, when, where, and how of each instance of alleged
interference as allegedly occurred;
iv. What the damages are and any breach (if any);
3. What the alleged contractual obligations, which You contend each Defendant were under,
are/were.
4. Your complaints with all the work and/or construction work that You contend was either
subpar, substandard, incorrect and/or non-conforming with what You cat each of the three
locations made basis to this lawsuit.
5. Your contentions about when any work was complete, substantially complete, and what
work (if any) was incomplete.
6. The events lead up to any and each contract between the Parties (if any).
NOTICE OF INTENT TO TAKE DEPOSITION
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Who negotiated the agreements between the Parties (if any).
The terms of all oral negotiations between the Parties (if any).
Who drafted the contracts and drafts of contract between the Parties (if any).
10. Your basis or bases for Your termination of any agreement with any defendant if You
contend as such.
11. The events made basis to each factual assertion that You made in Your Original Petition,
including each amendment and/or supplement thereto
12. The current location of Your initial disclosures.
13. The steps You took to gather the documents You were required to produce in response to
initial disclosures rules under the Texas Rules of Civil Procedure.
14. Your position/contentions of what occurred at each walkthrough (one or more) at each of
the three locations made basis to this litigation.
15. Your position/contentions of what was incorrect at each walkthrough of each location.
16. Your position/contentions of how each raised issue was not corrected by a defendant or
defendants.
17. Your legal basis for making claims against Defendant Jimmy Cho, individually, as opposed
to in a representative capacity.
18. Your legal relationship with PK Restaurant Group in this Matter, including any contract
with it.
19. Your corporate structure, owners/members, identity of the managers, capitalization, and
employee history.
20. The corporate structure, owners/members, identity of managers, capitalization, and
employee history of PK Restaurant Group.
NOTICE 0F INTENT To TAKE DEPOSITION
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21. Your business history, including the location, client, and scope of all work You have done
in the five years prior to the lawsuit in this Matter through the pendency of this litigation
that is NOT with PK Restaurant Group; and if You contend You are not a sham general
contractor, then the facts that would support such a position.
22. The roles, titles, job duties, and nature of relationship with You of: Shim Kang, Daniel Seo,
David Anh, and Kevin Ok.
23. The roll of Kang, Seo, Anh, and 0k in the events made basis to this Litigation.
24. The events made basis to replacing Defendants after You terminated the construction
agreement or agreements.
25. Your contentions regarding change orders (if any) to the locations.
26. The events made basis to you replacing the first contractor with Defendant or Defendant(s)
to replace the initial contractor/builder at one, two, or all of the locations.
27. What non-conforming, incomplete, and/or incorrect work (if any) that You contend existed
at the time You terminated the construction agreement for each of the properties.
28. Your payments (to You) by (from) PK Restaurant Group for the work at each location,
both total for each property and each payment, as well as including any itemization and/or
scope of work, and the profits that You made off each location.
29. Your contracts with PK Restaurant Group for each location, including predicted costs of
construction, how much You saved/made in profit versus what You were paid by the
franchisee to do the work.
30. Whether PK Restaurant Group informed the Franchisor (if any) that You and/or PK
Restaurant Group made a profit (over what the projection for the cost of buildout/finish-
out) for each or any of the three locations made basis to this location.
NOTICE 0F INTENT To TAKE DEPOSITION
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PRODUCTION OF DOCUMENTS
You are hereby commanded to produce with Your deposition (at the deposition) the following
documents:
a. A11 Documents You and Your agents reviewed in preparation for Your deposition.
b. A11 the documents You contend are the written agreements (if any) between You and each
of the defendants.
Respectfully Submitted
By: /s/ William Chu
William Chu
SBN: 04241000
wmchulaw@aol.com
LAW OFFICES 0F WILLIAM CHU
4455 LBJ Freeway, Suite 1008
Dallas, Texas 75244
(T) 972-392-9888
(F) 972-392-9889
ATTORNEY FOR
DEFENDANTS
CERTIFICATE OF SERVICE
Pursuant to Texas Rules of Civil Procedure 21a, the undersigned certifies that a true and correct
copy of this document was contemporaneously E-served to all parties or their counsel of record
Via efile.txcourts.gov to their email address on file therein on October 12, 2022.
/s/ William Chu
NOTICE 0F INTENT To TAKE DEPOSITION
PAGE 6 0F 6
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.
William Chu
Bar No. 04241000
wmchulaw@aol.com
Envelope ID: 69169979
Status as of 10/13/2022 8:24 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
William Chu wmchulaw@aol.com 10/12/2022 6:10:10 PM SENT
Jordan Whiddon 24093350 jwhiddon@songwhiddon.com 10/12/2022 6:10:10 PM SENT
Yuliana Ramirez yuliana@tailimsong.com 10/12/2022 6:10:10 PM SENT
william Knisley knisley.wmchulaw@gmail.com 10/12/2022 6:10:10 PM SENT
Tailim Song tsong@tailimsong.com 10/12/2022 6:10:10 PM SENT
Law Offices ofWiIliam Chu docs.wmchulaw@gmail.com 10/12/2022 6:10:10 PM SENT
Chris LValentine cvalentine@tailimsong.com 10/12/2022 6:10:10 PM SENT
Office Efiles wmchulawefile@gmail.com 10/12/2022 6:10:10 PM SENT
Abigael Campbell acampbell@tailimsong.com 10/12/2022 6:10:10 PM ERROR