Kim v. Kim

Opinion

HLED -:r\iOR COURT ' GUAM 2 Z0!4 OCT I 3 P~i 2: t.J 8 3

5 IN THE SUPERIOR COURT 6 OF GUAM 7 CHUNG SOOK KIM, ) Civil Case no. CV0710-11 8 ) Plaintiff, ) 9 ) vs. ) 10 MI HYE KIM, KI YOUNG KIM, MIN ) DECISION AND ORDER 11 KYONG KIM, HEE SOON JEONG, BYUNG) GON KIM, and DOES I through IV, ) 12 ) Defendants. ) 13 ______________________________) 14

15 INTRODUCTION 16 Pursuant to Rule 7.1 of the Local Rules of the Superior Court of Guam, Plaintiffs Rule 17 25 Substitution Motion was taken under advisement by the Honorable Judge Michael J. 18 Bordallo on September 17, 2014. Mi Hee Kim, Special Administrix of the Estate of Chung 19 Sook Kim, was represented by attorney William C. Bischoff. Defendants Hee Soon Jeong and 20

21 Byung Gon Kim were represented by attorney Helkei S. Hemminger. The other named parties

22 to this action did not file any papers related to this motion. 23 Plaintiffs motion was filed August 12, 2014. In it, Mi Hee Kim, the special administrix 24 of Plaintiffs Estate, asserts that Plaintiff died on July 9, 2014. She asserts and argues that the 25

26 claims asserted in this action are remedial and survive Plaintiffs death. Accordingly she

27 requests a substitution as outlined in Rule 25 of the Guam Rules of Civil Procedure. On 28

Page 1 of2 September 3, 2014, Defendants Jeong filed a non-opposition to Plaintiffs motion. No other 2 papers were filled. 3 Rule 25 of the Guam Rules of Civil Procedure allows for substitution by a Party's 4

representative after death when those claims have not been extinguished. Guam R. Civ. P. 25. 5

6 Having asserted sufficient grounds for its motion and there being no opposition to it, Plaintiffs

7 motion to for Rule 25 Substitution is hereby granted. 8

of_-----=--~-----'-7_ _ _ 2014. 9 SO ORDERED, this ) ] day IO

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