NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3888-23
GOLD TREE SPA, INC., GOLD GARDEN OF WALL TOWNSHIP INC., and OK SIM BAIK,
Plaintiffs-Respondents,
v.
PD NAIL CORP., CD NAIL CORP., HEE JUNG KIM and SOOK HEE KIM,
Defendants,
and
PD NAIL CORP., CD NAIL CORP., HEE JUNG KIM, and SOOK HEE KIM,
Third-Party Plaintiffs-Appellants,
GRACEFUL NAILS OF BRIELLE LLC and SOON WEA SON,
Third-Party Defendants-Respondents. ______________________________________
Submitted November 5, 2025 – Decided March 9, 2026 Before Judges Sumners and Chase.
On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Docket No. L-3007-20.
Law Offices of Sarah Kim, LLC, attorney for appellants (H. Sarah Kim, on the briefs).
Campbell Legal Associates, PLLC, attorney for respondents Graceful Nails of Brielle, LLC and Soon Wea Son (Denise Campbell, of counsel and on the brief).
PER CURIAM
This matter returns to us following the trial judge's order of July 2, 2024,
entering final judgment sanctioning defendants/third-party plaintiffs PD Nail
Corp., CD Nail Corp., Hee Jung Kim, and Sook Hee Kim an additional
$39,274.31 for filing frivolous litigation per N.J.S.A. 2A:15-59.1 and Rule 1:4-
8.1 Defendants/third-party plaintiffs appeal that order, as well as the orders of:
(1) September 10, 2021, denying their motion to sanction third-party defendants
for delinquent or obstructive conduct in discovery; (2) January 25, 2022,
denying their motion to strike third-party defendant's answer due to failure to
1 In Gold Tree Spa, Inc. v. PD Nail Corp., 475 N.J. Super. 240, 243-45 (App. Div. 2023), we affirmed the trial judge's order denying defendants' motion to enforce their settlement agreement with plaintiffs Gold Tree Spa, Inc., Gold Garden of Wall Township Inc., and Ok Sim Baik reached during a mediation session because plaintiffs did not sign the draft settlement agreement. A-3888-23 2 provide discovery; (3) March 4, 2022, granting third-party defendants Graceful
Nails of Brielle LLC and Soon Wea Son summary judgment dismissal of the
third-party claims; (4) May 27, 2022, denying their motion for reconsideration
of the March 4, 2022 summary judgment order ; (5) May 27, 2022, denying their
cross-motion for counsel fees; (6) May 27, 2022, granting third-party plaintiffs'
motion for sanctions and reimbursement of costs and attorney's fees; (7) April
6, 2023, sanctioning them to pay third-party defendant's costs and attorney's fees
in the amount of $25,685.68; (8) May 4, 2023, granting final judgment to third-
party defendants in the amount of $25,685.68; (9) August 28, 2023 order,
denying their motion for reconsideration of March 4, 2024 summary judgment
and the May 27, 2022 order; (10) August 28, 2023, denying their motion for
leave to file an amended third-party complaint without prejudice; (11) August
28, 2023, denying their motion to vacate the May 4, 2023 judgment; (12) August
28, 2023, granting third-party defendants' motion to turn over funds; (13)
September 1, 2023, enforcing third-party defendants' rights to enforce judgment;
(14) January 5, 2024, granting third-party defendants' motion to correct clerical
errors in May 4 final judgment; (15) January 5, 2024, granting third-party
defendants' motion for additional sanctions and reimbursement of costs and fees;
(16) January 5, 2024, granting third-party defendants' motion to release
A-3888-23 3 $25,685.68 being held in the their counsel's trust account; and (17) June 18,
2024, awarding third-party defendants additional attorney's fees in the amount
of $39,274.31. We affirm.
As we previously detailed, this dispute stems from plaintiffs Gold Tree
Spa, Inc., Gold Garden of Wall Township Inc., and Ok Sim Baik's intended sale
of two nail salons––Sharon Nails and Ceci Nails––to defendants/third-party
plaintiffs. Gold Tree Spa, Inc., 475 N.J. Super. at 242. The sale was not
finalized despite defendants/third-party plaintiffs' $550,000 down payment and
their operation of the nail salons. Ibid.
Plaintiffs filed suit in September 2020. Defendants/third-party plaintiffs'
then filed a third-party complaint against Soon Wea Son––the manager of Ceci
Nails who resigned during the nail salon's sale negotiations––and Graceful Nails
of Brielle LLC, the new nail salon she opened in November 2020. Id. at 242-
43. Defendants/third-party plaintiffs asserted claims for breach of contract,
breach of the implied covenant of good faith and fair dealing, and tortious
interference with contractual rights and economic advantages. The claims were
based on the assertion that Soon had "a non-compete agreement" with Ok Sim,
which Soon breached by opening Graceful Nails.
A-3888-23 4 Over the course of the next fourteen months, discovery and motion
practice occurred, culminating in Judge Mara E. Zazzali-Hogan's March 4, 2022
order granting summary judgment to third-party defendants and dismissing
defendant/third-party plaintiffs' claims with prejudice based on her application
of Rule 4:46-2 and Brill v. Guardian Life Ins. Co, of Am., 142 N.J. 540 (1995).
In an oral decision, the judge determined that the linchpin for the third-party
complaint was defendants/third party plaintiffs' assertion that they suffered
losses in operating Ceci Nails because Soon violated a non-compete agreement
with Ok Sim by opening a competing nail salon, Graceful Nails. Because there
was no evidence of a non-compete agreement beyond Sook Hee's unsupported
self-serving statement nor agreement terms, the judge found no basis for the
third-party complaint claims. Regarding defendants/third-party plaintiffs' claim
that the summary judgment motion was premature due to incomplete discovery,
the judge maintained that discovery closed four months ago and there was no
pending motion to compel discovery.
On May 27, 2022, the judge entered an order and rendered an oral decision
denying reconsideration of summary judgment. Applying Palombi v. Palombi,
414 N.J. Super. 274 (App. Div. 2010) and Cummings v. Bahr, 295 N.J. Super.
374 (App. Div. 1996), the judge found that because the "prior decision was based
A-3888-23 5 on binding precedent and there[] [was] nothing to suggest that discovery on
material issues was incomplete, . . . reconsideration would be contrary to the
interest of justice."
Defendant/third-party plaintiffs challenge the March 4, 2022, May 27,
2022, and August 28, 2023 orders related to summary judgment dismissal of
their third-party complaint and reconsideration of the orders. Based upon our
de novo review, Giannakopoulos v. Mid State Mall, 438 N.J. Super. 595, 599
(App. Div. 2014), and applying "the same standard governing the trial [judge],"
Oyola v. Liu, 431 N.J. Super. 493, 497 (App. Div. 2013), summary judgment
was appropriate based on the sound reasoning set forth in the judge's oral
decision. There is no basis to disturb Judge Zazzali-Hogan's order denying
Free access — add to your briefcase to read the full text and ask questions with AI
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3888-23
GOLD TREE SPA, INC., GOLD GARDEN OF WALL TOWNSHIP INC., and OK SIM BAIK,
Plaintiffs-Respondents,
v.
PD NAIL CORP., CD NAIL CORP., HEE JUNG KIM and SOOK HEE KIM,
Defendants,
and
PD NAIL CORP., CD NAIL CORP., HEE JUNG KIM, and SOOK HEE KIM,
Third-Party Plaintiffs-Appellants,
GRACEFUL NAILS OF BRIELLE LLC and SOON WEA SON,
Third-Party Defendants-Respondents. ______________________________________
Submitted November 5, 2025 – Decided March 9, 2026 Before Judges Sumners and Chase.
On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Docket No. L-3007-20.
Law Offices of Sarah Kim, LLC, attorney for appellants (H. Sarah Kim, on the briefs).
Campbell Legal Associates, PLLC, attorney for respondents Graceful Nails of Brielle, LLC and Soon Wea Son (Denise Campbell, of counsel and on the brief).
PER CURIAM
This matter returns to us following the trial judge's order of July 2, 2024,
entering final judgment sanctioning defendants/third-party plaintiffs PD Nail
Corp., CD Nail Corp., Hee Jung Kim, and Sook Hee Kim an additional
$39,274.31 for filing frivolous litigation per N.J.S.A. 2A:15-59.1 and Rule 1:4-
8.1 Defendants/third-party plaintiffs appeal that order, as well as the orders of:
(1) September 10, 2021, denying their motion to sanction third-party defendants
for delinquent or obstructive conduct in discovery; (2) January 25, 2022,
denying their motion to strike third-party defendant's answer due to failure to
1 In Gold Tree Spa, Inc. v. PD Nail Corp., 475 N.J. Super. 240, 243-45 (App. Div. 2023), we affirmed the trial judge's order denying defendants' motion to enforce their settlement agreement with plaintiffs Gold Tree Spa, Inc., Gold Garden of Wall Township Inc., and Ok Sim Baik reached during a mediation session because plaintiffs did not sign the draft settlement agreement. A-3888-23 2 provide discovery; (3) March 4, 2022, granting third-party defendants Graceful
Nails of Brielle LLC and Soon Wea Son summary judgment dismissal of the
third-party claims; (4) May 27, 2022, denying their motion for reconsideration
of the March 4, 2022 summary judgment order ; (5) May 27, 2022, denying their
cross-motion for counsel fees; (6) May 27, 2022, granting third-party plaintiffs'
motion for sanctions and reimbursement of costs and attorney's fees; (7) April
6, 2023, sanctioning them to pay third-party defendant's costs and attorney's fees
in the amount of $25,685.68; (8) May 4, 2023, granting final judgment to third-
party defendants in the amount of $25,685.68; (9) August 28, 2023 order,
denying their motion for reconsideration of March 4, 2024 summary judgment
and the May 27, 2022 order; (10) August 28, 2023, denying their motion for
leave to file an amended third-party complaint without prejudice; (11) August
28, 2023, denying their motion to vacate the May 4, 2023 judgment; (12) August
28, 2023, granting third-party defendants' motion to turn over funds; (13)
September 1, 2023, enforcing third-party defendants' rights to enforce judgment;
(14) January 5, 2024, granting third-party defendants' motion to correct clerical
errors in May 4 final judgment; (15) January 5, 2024, granting third-party
defendants' motion for additional sanctions and reimbursement of costs and fees;
(16) January 5, 2024, granting third-party defendants' motion to release
A-3888-23 3 $25,685.68 being held in the their counsel's trust account; and (17) June 18,
2024, awarding third-party defendants additional attorney's fees in the amount
of $39,274.31. We affirm.
As we previously detailed, this dispute stems from plaintiffs Gold Tree
Spa, Inc., Gold Garden of Wall Township Inc., and Ok Sim Baik's intended sale
of two nail salons––Sharon Nails and Ceci Nails––to defendants/third-party
plaintiffs. Gold Tree Spa, Inc., 475 N.J. Super. at 242. The sale was not
finalized despite defendants/third-party plaintiffs' $550,000 down payment and
their operation of the nail salons. Ibid.
Plaintiffs filed suit in September 2020. Defendants/third-party plaintiffs'
then filed a third-party complaint against Soon Wea Son––the manager of Ceci
Nails who resigned during the nail salon's sale negotiations––and Graceful Nails
of Brielle LLC, the new nail salon she opened in November 2020. Id. at 242-
43. Defendants/third-party plaintiffs asserted claims for breach of contract,
breach of the implied covenant of good faith and fair dealing, and tortious
interference with contractual rights and economic advantages. The claims were
based on the assertion that Soon had "a non-compete agreement" with Ok Sim,
which Soon breached by opening Graceful Nails.
A-3888-23 4 Over the course of the next fourteen months, discovery and motion
practice occurred, culminating in Judge Mara E. Zazzali-Hogan's March 4, 2022
order granting summary judgment to third-party defendants and dismissing
defendant/third-party plaintiffs' claims with prejudice based on her application
of Rule 4:46-2 and Brill v. Guardian Life Ins. Co, of Am., 142 N.J. 540 (1995).
In an oral decision, the judge determined that the linchpin for the third-party
complaint was defendants/third party plaintiffs' assertion that they suffered
losses in operating Ceci Nails because Soon violated a non-compete agreement
with Ok Sim by opening a competing nail salon, Graceful Nails. Because there
was no evidence of a non-compete agreement beyond Sook Hee's unsupported
self-serving statement nor agreement terms, the judge found no basis for the
third-party complaint claims. Regarding defendants/third-party plaintiffs' claim
that the summary judgment motion was premature due to incomplete discovery,
the judge maintained that discovery closed four months ago and there was no
pending motion to compel discovery.
On May 27, 2022, the judge entered an order and rendered an oral decision
denying reconsideration of summary judgment. Applying Palombi v. Palombi,
414 N.J. Super. 274 (App. Div. 2010) and Cummings v. Bahr, 295 N.J. Super.
374 (App. Div. 1996), the judge found that because the "prior decision was based
A-3888-23 5 on binding precedent and there[] [was] nothing to suggest that discovery on
material issues was incomplete, . . . reconsideration would be contrary to the
interest of justice."
Defendant/third-party plaintiffs challenge the March 4, 2022, May 27,
2022, and August 28, 2023 orders related to summary judgment dismissal of
their third-party complaint and reconsideration of the orders. Based upon our
de novo review, Giannakopoulos v. Mid State Mall, 438 N.J. Super. 595, 599
(App. Div. 2014), and applying "the same standard governing the trial [judge],"
Oyola v. Liu, 431 N.J. Super. 493, 497 (App. Div. 2013), summary judgment
was appropriate based on the sound reasoning set forth in the judge's oral
decision. There is no basis to disturb Judge Zazzali-Hogan's order denying
reconsideration of summary judgment, given her oral ruling. The judge did not
abuse her discretion by declining to vacate the summary judgment order. See
257-261 20th Ave. Realty, LLC v. Roberto, 259 N.J. 417, 436 (2025) (declaring
we review the denial of a motion to alter or amend a judgment under Rule 4:50-
1 for an abuse of discretion). Her decision was rationally explained and
consistent with established law. See Flagg v. Essex Cnty. Prosecutor, 171 N.J.
561, 571 (2002). Accordingly, we conclude there is no merit to defendant/third-
party plaintiffs' arguments that granting summary judgment was improper
A-3888-23 6 because discovery was incomplete, genuine issues of material facts existed, and
third-party defendants tortiously interfered with defendants' contractual rights
and economic advantage. Likewise, there is no merit to defendant/third-party
plaintiffs' argument that the judge applied the wrong standard of review and did
not provide a legal basis for her reconsideration ruling.
Defendants/third-party plaintiffs also challenge the May 27, 2022, April
6, 2023, May 4, 2023, September 1, 2023, January 5, 2024, June 18, 2024, and
July 2, 2024 orders related to the attorney's fees and costs sanctions. Based on
the sound reasoning set forth by the judge in her written decisions, we discern
no abuse of the discretion in her sanctions or in the amounts awarded to third-
party defendants. Further, the denial of defendants/third-party plaintiffs' cross-
motion for attorney's fees was appropriate. See Borough of Englewood Cliffs
v. Trautner, 478 N.J. Super. 426, 437 (App. Div. 2024) (citation omitted) ("A
trial court's decision to order frivolous lawsuit sanctions is reviewed under an
abuse of discretion standard."). Defendants/third-party plaintiffs presented no
competent evidence of the non-compete agreement before filing their complaint.
See Belfer v. Merling, 322 N.J. Super. 124, 144 (App. Div. 1999) (finding that
a complaint is frivolous when "it is not supported by credible evidence"). And
once discovery was completed, they had no basis to assert there was a non-
A-3888-23 7 compete agreement. See United Hearts, LLC v. Zahabian, 407 N.J. Super. 379,
390 (App. Div. 2009) (internal citations omitted) (internal quotation marks
omitted) (holding that "continued prosecution . . . based on facts . . . known to
the party after the filing of the initial pleading" may constitute a frivolous claim).
Moreover, third-party defendants complied with procedural requirements to
sanction defendants/third-party plaintiffs by notifying defendants/third-party
plaintiffs to dismiss their claims due to the absence of any legal or factual basis.
See R. 1:4-8 and N.J.S.A. 2A:15-59.1.
To the extent we have not addressed any of the remaining arguments
of defendants/third-party plaintiffs, we conclude they lack sufficient merit to
warrant discussion in a written opinion. R. 2:11-3(e)(1)(E).
Affirmed.
A-3888-23 8