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FILED
8/17/2023 7:37 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Maricella Sarinana DEPUTY
N0. DC-21-04907
PK RESTAURANT GROUP, INC AND § IN THE DISTRICT COURT
BNG MANAGEMENT GROUP, LLC §
§
Plaintiffs, §
§
v. § 101“ JUDICIAL DISTRICT
§
TOZEE CONSTRUCTION, INC., §
GIANT BLUE, INC., AND JIMMY §
CHO, INDIVIDUALLY, §
§
Defendants. § DALLAS COUNTY, TEXAS
DEFENDANTS' NO-EVIDENCE MOTION FOR SUMNIARY JUDGMENT
DEFENDAN TS’ NO EVIDENCE MOTION FOR SUMMARY JUDGMENT
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, JIMMY TL CHO, TOZEE CONSTRUCTION, INC., and GIANT BLUE,
INC. (hereinafter collectively referred to as “Defendants”), and hereby file this No Evidence
Motion for Summary Judgment, showing the Court the following:
I. INTRODUCTION & SYNOPSIS
Defendant Jimmy Cho is neither a party nor a guarantor to any contract with either
Plainfifi, neither are the other named Defendants.
Despite this, Plaintiffs have chosen to include Defendant Cho as a named party in this
lawsuit without a valid basis. There is no valid basis for claims against the other named
Defendants either.
No EVIDENCE MOTION FOR SUMMARY JUDGMENT
PAGE 1 OF 4
The other Defendants similarly bear no liability to any claims presented by the Plaintiffs.
The Plaintiffs’ inclusion of Defendant Cho and their overarching claims are frivolous and
without any legal standing.
II. NO EVIDENCE SUMMARY JUDGMENT STANDARD
1. Pursuant to legal standards, a defendant is entitled to a summary judgment on a plaintiff’s
cause of action if they can disprove one or more elements of said claim. See Stanfield v.
Neubaum, 494 S.W.3d 90, 96 (Tex. 2016).
2. Moreover, a No Evidence Summary Judgment is warranted when no genuine issue of
material fact exists for the claim being put forth by the Plaintiff. Referencing TRCP 166
(i) and Matsushita Electric Industrial C0. v. Zenith Radio Corp, 475 U.S. 574 (1986).
III. FACTUAL BACKGROUND
3. Defendant Jimmy Cho has no contractual ties with either Plaintiff.
4. Defendant Cho is affiliated with other business entities named in this suit, namely Giant
Blue and Tozee Construction, none of the other named Defendants have any contractual
ties to any of the Plaintiffs.
5. Plaintiffs are aware of the aforementioned point and yet persist in their claims, knowing
full well their baseless nature.
6. PK Restaurant Group, Inc., another plainfifi, lacks any privity or agreements with any of
the Defendants and controls BNG Management Group, LLC, its fellow Plaintiff, as a
sister entity. This further illustrates the frivolous nature of their claims.
N0 EVIDENCE MOTION FOR SUMMARY JUDGMENT
PAGE 2 0F 4
IV. NO EVIDENCE MOTION FOR SUMMARY JUDGNIENT
7. Defendants incorporate all previous sections into this motion for clarity and coherence.
A. Breach of Contract Claim against Defendants is Baseless and Should be Dismissed
Pursuant to TRCP 166 (i)
8. The claim for breach of contract against Defendants is unfounded, as evidenced by the
lack of any genuine dispute over the absence of a contract with Jimmy Cho. For a valid
breach of contract claim in Texas, a plaintiff must conclusively demonstrate the existence
of a valid contract, their adherence to it, the defendant's breach, and resultant damages.
No such evidence exists in this instance.
9. Referencing Grocers Supply, Inc. v. Jose Luis et al; 390 S.W.3d 707 (Tex. App. 2012) and
State Optical, Inc. v. Sw. Eye Ctr., Ltd, 88 S.W.3d 789 (Tex. App—Houston [14th Dist.]
2002, no pet.).
V. PRAYER
In light of the above, Defendants respectfully request that the Court GRANT this No
Evidence Motion for Summary Judgment against claims for Breach of Contract brought by
Plaintifi‘s.
Respectfully submitted,
/s/William Chu
William Chu
State Bar No. 04241000
N0 EVIDENCE MOTION FOR SUMMARY JUDGMENT
PAGE 3 0F 4
wmchulaw@aol.com
The Law Offices of William Chu
4455 LBJ Freeway, Suite 1008
Dallas, Texas 75244
Telephone: (972) 392-9888
Facsimile: (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 August 17, 2023.
/s/ William Chu
No EVIDENCE MOTION FOR SUMMARY JUDGMENT
PAGE 4 OF 4
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: 78663913
Filing Code Description: Motion - Summary Judgment
Filing Description: NO-EVlDENCE
Status as of 8/18/2023 8:11 AM CST
Associated Case Party: BNG MANAGEMENT GROUP, LLC
Name BarNumber Email TimestampSubmitted Status
Tailim Song tsong@songwhiddon.com 8/17/2023 7:37:50 PM SENT
Yuliana Ramirez yuliana@songwhiddon.com 8/17/2023 7:37:50 PM SENT
Administrative Staff admin@songwhiddon.com 8/17/2023 7:37:50 PM SENT
Kevin Kalra kkalra@songwhiddon.com 8/17/2023 7:37:50 PM SENT
Jordan Whiddon jwhiddon@songwhiddon.com 8/17/2023 7:37:50 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Sherri Robinson sherri.robinsoncsr@gmail.com 8/17/2023 7:37:50 PM SENT
William Chu wmchulaw@aol.com 8/17/2023 7:37:50 PM SENT
Jordan Whiddon 24093350 jwhiddon@songwhiddon.com 8/17/2023 7:37:50 PM SENT
Law Offices ofWilliam Chu docs.wmchulaw@gmail.com 8/17/2023 7:37:50 PM SENT
Tailim Song tsong@tailimsong.com 8/17/2023 7:37:50 PM SENT
Salina Tariq stariq.wmchulaw@gmail.com 8/17/2023 7:37:50 PM ERROR
Yuliana Ramirez yuliana@tailimsong.com 8/17/2023 7:37:50 PM ERROR
Chris LValentine cvalentine@tailimsong.com 8/17/2023 7:37:50 PM ERROR
Office Efiles wmchulawefile@gmail.com 8/17/2023 7:37:50 PM SENT
Abigael Campbell acampbell@tailimsong.com 8/17/2023 7:37:50 PM ERROR
Robert Durk robert@wmchulaw.com 8/17/2023 7:37:50 PM SENT
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FILED 8/17/2023 7:37 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Maricella Sarinana DEPUTY N0. DC-21-04907 PK RESTAURANT GROUP, INC AND § IN THE DISTRICT COURT BNG MANAGEMENT GROUP, LLC § § Plaintiffs, § § v. § 101“ JUDICIAL DISTRICT § TOZEE CONSTRUCTION, INC., § GIANT BLUE, INC., AND JIMMY § CHO, INDIVIDUALLY, § § Defendants. § DALLAS COUNTY, TEXAS DEFENDANTS' NO-EVIDENCE MOTION FOR SUMNIARY JUDGMENT DEFENDAN TS’ NO EVIDENCE MOTION FOR SUMMARY JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, JIMMY TL CHO, TOZEE CONSTRUCTION, INC., and GIANT BLUE, INC. (hereinafter collectively referred to as “Defendants”), and hereby file this No Evidence Motion for Summary Judgment, showing the Court the following: I. INTRODUCTION & SYNOPSIS Defendant Jimmy Cho is neither a party nor a guarantor to any contract with either Plainfifi, neither are the other named Defendants. Despite this, Plaintiffs have chosen to include Defendant Cho as a named party in this lawsuit without a valid basis. There is no valid basis for claims against the other named Defendants either. No EVIDENCE MOTION FOR SUMMARY JUDGMENT PAGE 1 OF 4 The other Defendants similarly bear no liability to any claims presented by the Plaintiffs. The Plaintiffs’ inclusion of Defendant Cho and their overarching claims are frivolous and without any legal standing. II. NO EVIDENCE SUMMARY JUDGMENT STANDARD 1. Pursuant to legal standards, a defendant is entitled to a summary judgment on a plaintiff’s cause of action if they can disprove one or more elements of said claim. See Stanfield v. Neubaum, 494 S.W.3d 90, 96 (Tex. 2016). 2. Moreover, a No Evidence Summary Judgment is warranted when no genuine issue of material fact exists for the claim being put forth by the Plaintiff. Referencing TRCP 166 (i) and Matsushita Electric Industrial C0. v. Zenith Radio Corp, 475 U.S. 574 (1986). III. FACTUAL BACKGROUND 3. Defendant Jimmy Cho has no contractual ties with either Plaintiff. 4. Defendant Cho is affiliated with other business entities named in this suit, namely Giant Blue and Tozee Construction, none of the other named Defendants have any contractual ties to any of the Plaintiffs. 5. Plaintiffs are aware of the aforementioned point and yet persist in their claims, knowing full well their baseless nature. 6. PK Restaurant Group, Inc., another plainfifi, lacks any privity or agreements with any of the Defendants and controls BNG Management Group, LLC, its fellow Plaintiff, as a sister entity. This further illustrates the frivolous nature of their claims. N0 EVIDENCE MOTION FOR SUMMARY JUDGMENT PAGE 2 0F 4 IV. NO EVIDENCE MOTION FOR SUMMARY JUDGNIENT 7. Defendants incorporate all previous sections into this motion for clarity and coherence. A. Breach of Contract Claim against Defendants is Baseless and Should be Dismissed Pursuant to TRCP 166 (i) 8. The claim for breach of contract against Defendants is unfounded, as evidenced by the lack of any genuine dispute over the absence of a contract with Jimmy Cho. For a valid breach of contract claim in Texas, a plaintiff must conclusively demonstrate the existence of a valid contract, their adherence to it, the defendant's breach, and resultant damages. No such evidence exists in this instance. 9. Referencing Grocers Supply, Inc. v. Jose Luis et al; 390 S.W.3d 707 (Tex. App. 2012) and State Optical, Inc. v. Sw. Eye Ctr., Ltd, 88 S.W.3d 789 (Tex. App—Houston [14th Dist.] 2002, no pet.). V. PRAYER In light of the above, Defendants respectfully request that the Court GRANT this No Evidence Motion for Summary Judgment against claims for Breach of Contract brought by Plaintifi‘s. Respectfully submitted, /s/William Chu William Chu State Bar No. 04241000 N0 EVIDENCE MOTION FOR SUMMARY JUDGMENT PAGE 3 0F 4 wmchulaw@aol.com The Law Offices of William Chu 4455 LBJ Freeway, Suite 1008 Dallas, Texas 75244 Telephone: (972) 392-9888 Facsimile: (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 August 17, 2023. /s/ William Chu No EVIDENCE MOTION FOR SUMMARY JUDGMENT PAGE 4 OF 4 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: 78663913 Filing Code Description: Motion - Summary Judgment Filing Description: NO-EVlDENCE Status as of 8/18/2023 8:11 AM CST Associated Case Party: BNG MANAGEMENT GROUP, LLC Name BarNumber Email TimestampSubmitted Status Tailim Song tsong@songwhiddon.com 8/17/2023 7:37:50 PM SENT Yuliana Ramirez yuliana@songwhiddon.com 8/17/2023 7:37:50 PM SENT Administrative Staff admin@songwhiddon.com 8/17/2023 7:37:50 PM SENT Kevin Kalra kkalra@songwhiddon.com 8/17/2023 7:37:50 PM SENT Jordan Whiddon jwhiddon@songwhiddon.com 8/17/2023 7:37:50 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Sherri Robinson sherri.robinsoncsr@gmail.com 8/17/2023 7:37:50 PM SENT William Chu wmchulaw@aol.com 8/17/2023 7:37:50 PM SENT Jordan Whiddon 24093350 jwhiddon@songwhiddon.com 8/17/2023 7:37:50 PM SENT Law Offices ofWilliam Chu docs.wmchulaw@gmail.com 8/17/2023 7:37:50 PM SENT Tailim Song tsong@tailimsong.com 8/17/2023 7:37:50 PM SENT Salina Tariq stariq.wmchulaw@gmail.com 8/17/2023 7:37:50 PM ERROR Yuliana Ramirez yuliana@tailimsong.com 8/17/2023 7:37:50 PM ERROR Chris LValentine cvalentine@tailimsong.com 8/17/2023 7:37:50 PM ERROR Office Efiles wmchulawefile@gmail.com 8/17/2023 7:37:50 PM SENT Abigael Campbell acampbell@tailimsong.com 8/17/2023 7:37:50 PM ERROR Robert Durk robert@wmchulaw.com 8/17/2023 7:37:50 PM SENT