Motion to Compel in BNG MANAGEMENT GROUP, LLC, et al vs. JIMMY CHO, et al| Trellis.Law

On April 19, 2021 a Motion,Ex Parte was filed involving a dispute between Bng Management Group, Llc, Pk Restaurant Group Inc, and Cho, Jimmy, Giant Blue Inc, Tozee Construction Inc, for CNTR CNSMR COM DEBT in the District Court of Dallas County.

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FILED
7/7/2023 6:22 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Loaidi Grove DEPUTY

NO. DC-21-04907

PK RESTAURANT GROUP, INC. AND § IN THE DISTRICT COURT
BNG MANAGEMENT GROUP, LLC, §
§
Plaintiffs, §
§
v. § IOIST JUDICIAL DISTRICT
§
TOZEE CONSTRUCTION, INC., §
GIANT BLUE, INC., AND JIMMY §
CH0, §
Defendants. § DALLAS COUNTY, TEXAS

MOTION TO COMPEL DEPOSITION

TO THE HONORABLE COURT

TOZEE CONSTRUCTION, INC., GIANT BLUE, INC, AND JIMMY CHO, Defendants

in the above numbered and styled cause, brings this MOTION TO COMPEL DEPOSITION &

MOTION FOR SANCTIONS and would show the court the following:

I.
BACKGROUND

l. On October 12, 2022, Defendants served their Notice of Intent to Take Oral Deposition &

Demand for Production to the corporate representative of BNG Management Group, LLC. Topic

sentences were included in the Notice. Exhibit A

2. On October 18, 2022, Counsel for Defendants conducted the deposition on the corporate

representative of Plaintiff BNG Management Group, LLC, Kwang Jin Ok.
3. However, during the deposition when the deponent was questioned about a speciﬁc area,

the deponent was not prepared.

MOTION T0 COMPEL DEPOSITION
Page 1 0f 3
II
MOTION TO COMPEL DEPOSITION

4. This Court should GRANT this motion to compel because the Deponent Kwang Jin 0k,

the designated corporate representative of BNG Management Group LLC was not prepared.

5. During the deposition when the Deponent was asked about Plaintiff’s fraud claim, the

Deponent indicated that he “did not speciﬁcally prepare for this fraud related.” Exhibit B.

6. And when questioned how much time the Deponent would need to prepare, the Deponent

indicated that he did not know. Exhibit B.

7. Plaintiff s counsel used this situation as an attempt to obstruct the discovery process and

not provide his client’s deposition in this case.

8. Therefore, Defendants request this Court enter an order compelling Kwang Jin 0k, the

designated corporate representative of Plaintiff BNG Management Group LLC to appear at his

deposition. Defendants further request that this Court require Plaintiff to compensate Defendants

the cost of court reporter and interpreter.

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

MOTION T0 COMPEL DEPOSITION
Page 2 of 3
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 7/7/2023.

/s/ William Chu

CERTIFICATE 0F CONFERENCE
The undersigned certiﬁes that attempts to confer With opposing parties were contacted regarding
the merits of this document. Upon ﬁling of this Motion, Counsel for Plaintiff has not responded.
Thus, Counsel for Plaintiff is noted as opposed.

/S/ William Chu

MOTION T0 COMPEL DEPOSITION
Page 3 of 3
FILED
10/12/2022 6:10 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Cassandra Walker DEPUTY

N0. 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 T0 TAKE DEPOSITION Exhibit A
PAGE 1 0F 6
1. The location, terms, 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;

I Each alleged instance of fraud;

Each alleged representation;

How each such representation was material;
SF?

How each such representation was false;

Who made each such representation and to whom it was made;

When it was made, where it was made, and how it was made;

What the basis for reliance was;

How such reliance was justiﬁable;

NOTICE OF INTENT TO TAKE DEPOSITION
PAGE 2 0F 6
- {HOWYOU were datum
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;

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
PAGE 3 0F 6
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
PAGE 4 0F 6
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
PAGE 5 0F 6
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
Page 152
Deposition of Kwang Jin Ok
October 18, 2022

Q. Anything else?
A. And anything related to that, I need to talk
with my attorney to tell you more detail.
Q. Well today's the time. Anything else?
MR. WHIDDON: Objection, form.
Q. (BY MR. CHU) Are you telling me that you were

not prepared?
MR. WHIDDON: Objection, form.
A. (Through the interpreter.) I did prepare quite
10 a bit, but I did not specifically prepare for this fraud
ll related.
12 Q. (BY MR. CHU) How much time do you need to
13 prepare?
l4 THE INTERPRETER: Would you mind repeating
15 that question.
l6 Q. (BY MR. CHU) How much time do you need to
l7 prepare?
l8 MR. WHIDDON: Objection, form.
l9 A. (Through the interpreter.) I don't know.
20 MR. CHU: Time to go home?
21 MR. WHIDDON: It says 6:08. I was going to
22 give you until 6:10 before I said anything. But you
23 know, I ——

I've been here since 9:30 with my client. I
24 don't know what happened on y'all's end. Not really my

25 business. But you know, I've given you past six o'clock
PRECISION COURT REPORTING,
(214) 908—0222 ..
Exhlblt B
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: 77322867
Filing Code Description: Motion - Compel
Filing Description: Motion to Compel Deposition
Status as of 7/10/2023 9:29 AM CST

Associated Case Party: BNG MANAGEMENT GROUP, LLC

Name BarNumber Email TimestampSubmitted Status
Tailim Song tsong@songwhiddon.com 7/7/2023 6:22:42 PM SENT
Yuliana Ramirez yuliana@songwhiddon.com 7/7/2023 6:22:42 PM SENT
Administrative Staff admin@songwhiddon.com 7/7/2023 6:22:42 PM SENT
Jordan Whiddon jwhiddon@songwhiddon.com 7/7/2023 6:22:42 PM SENT
Kevin Kalra kkalra@songwhiddon.com 7/7/2023 6:22:42 PM SENT

Case Contacts

Name BarNumber Email TimestampSubmitted Status
Sherri Robinson sherri.robinsoncsr@gmail.com 7/7/2023 6:22:42 PM SENT
William Chu wmchulaw@ao|.com 7/7/2023 6:22:42 PM SENT
Salina Tariq stariq.wmchulaw@gmail.com 7/7/2023 6:22:42 PM SENT
Jordan Whiddon 24093350 jwhiddon@songwhiddon.com 7/7/2023 6:22:42 PM SENT
Yuliana Ramirez yuliana@tailimsong.com 7/7/2023 6:22:42 PM ERROR
Law Offices ofWilliam Chu docs.wmchulaw@gmail.com 7/7/2023 6:22:42 PM SENT
Tailim Song tsong@tailimsong.com 7/7/2023 6:22:42 PM SENT
Chris LValentine cvalentine@tailimsong.com 7/7/2023 6:22:42 PM ERROR
Office Efiles wmchulawefile@gmail.com 7/7/2023 6:22:42 PM SENT
Abigael Campbell acampbell@tailimsong.com 7/7/2023 6:22:42 PM ERROR
Robert Durk robert@wmchulaw.com 7/7/2023 6:22:42 PM SENT

Case Info

Judge

WILLIAMS, STACI Track Judge’s New Case

Case No.

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Document Filed Date

July 07, 2023

Case Filing Date

April 19, 2021

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Motion,Ex Parte: BNG MANAGEMENT GROUP, LLC, et al vs. JIMMY CHO, et al

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