Saing Kui Kim v. Jaeun Kathy Yu

Opinion

oL D W . HGRCUUS' GFGUAM 1

2 201~ AUG Qfiil: PM 52 aus 22 P14 46 li: MY

3 3 CLERt{ GF CLERK OF GUURT COURT

4 iv.. 5

7 IN THE THE SUPERIOR SUPERIOR COURT COURT OF OF GUAM GUAM 8

9 g SAING KUI KIM, DOMESTIC CASENO. DOMESTIC CASE no. DM0472-18 IO 10 Plaintiff, II vs. DECISION DECISION AND ORDER 12 12

13 13 JAEUN KATHY YU, JAEUNKATHYYU, 14 14 Defendant. 15 15

16 16 INTRODUCTION INTRODUCTION

17 17 This matter came before the Honorable Vernon P. P. Perez on on May May 24, 2024, for hearing on

18 Yu's ("Defendant") Defendant Jaeun Kathy Yu's ("Defendant") Motion Motion for for Reconsideration Reconsideration and and for for Enforcement of

19 Findings ndi ng s of Fact and Concl ons of Law;, Moti Conclusions on for Motion for UUpdated pda ted Accou nti Accounting (" Moti ("Motion for for

20 Reconsideration"). Present Presentwere wereDefendant Defendant with with counsel, counsel, Daron Daron J.J. Berman, Berman, and and Plaintiff PlaintiffSwing Saing

21 Kui Kim ("Plaintiff') with with counsel, counsel, Christine C. Arriola. Christine C. Arriola. Having Having reviewed reviewed the the pleadings, pleadings, the

22 22 arguments presented, and the record, the Court now issues the following Decision Decision and and Order.

23 BACKGROUND

24 On July 30, 2023, the Court issued issued its its Findings Findings of of Fact Fact and and Conclusions Conclusionsof ofLaw Law after aler

25 t w enty n t y d ays y s oof f t trial, r i a l , uultimately l t i m a t e l y ddissolving i s s o l v i n g the h e p a rties' t i e s ' m arriage n a g e bbased a s e d o on n i r irreconcilable reconcilable

26 26 differences and and distributing property property arid and debt to the parties. See generally, n ral Findings of of Fact and

27 Conclusions of Law Law ("FFCL"), Jul. 30, 2023.

v. Yu Kim v. Yu Case No. DM0472-18 Case No. Dm0472-18 Decision Decision and and Order

Page 11 of7 Page f 1 On August August 28, 28, 2023, Plaintiff filed 2023, Plaintiff filed aa Motion Motion to to Reconsider Reconsider Findings Findings of Fact Fact and and 2 Conclusions of Law, which Conclusions of which was was subsequently deniedby subsequently denied by the the Court. Court. See Dec. Dec. & & Order, Order, Jan. Jan. 8, 3 2024. 2024. 4 On March 18, 2024, 2024, Defendant filed filed the instant Motion Motion for for Reconsideration. Reconsideration. Defendant s also filed aa Declaration 5 Declaration of of Defendant Defendant in in Support Support of of the the Motion Motion for for Reconsideration Reconsideration and for for 6 of Findings Enforcement of Findings of of Fact Fact and and Conclusions Conclusions of ofLaw. Law. On April 12, 2024, 2024, Plaintiff Plaintiff filed his 7 Opposition and a Cross-Motion for Reconsideration, Cross-Motion for Reconsideration, and and on on April April 26, 26, 2024, 2024, Defendant filed her 8 Reply. 9 On May 24, 2024, the Court heard heard arguments arguments on the the Motion Motion and subsequently placed the 10 Io matter under advisement. 11 DISCUSSION 12 [2 I.I. Motion Motion for forReconsideration Reconsideration

13 13 Defendant moves the Court to reconsider debts associated with her Bankruptcy Bankruptcy Case CaseNo. No.

14 17-00096 pursuantotoGuam 17-00096 pursuant GuamRules Rulesof of Civil Civil Procedure Procedure Rule Rule 60(b). 60(b). See See generally, generally, Mot. IS 15 Reconsideration, Mar. Mar. 18, 2024. Rule 60(b) 18, 2024. 60(b) provides provides in in relevant relevant part part that: that: 16 16 (b) Mistakes, Mistakes; Inadvertence, Excusable Neglect; Inadvertence; Excusable Neglect, Newly Discovered Discovered Evidence, Evidence; Fraud, Etc. On Fraud, Etc. Onmotion motionand and upon upon such such terms terms as are are just, just, the the court court may may relieve relieve a 17 17 party or party's legal representative from a final judgment, order, order, or proceeding proceeding for 18 18 the following following reasons: reasons: 19 (1) 1) mistake, mistake, inadvertence, inadvertence, surprise, excusable neglect; surprise, or excusable neglect, 20 * * * *** 21 21 (6) 6) any any other other reason justifying justifying relief relieffrom from operation operation of ofthe the judgment. 22 The motion motion shall be made made within within a reasonable reasonabletime, time,and andfor forreasons reasons(1), (1),(2), (2), (3) (3) not 23 more than one year after the judgment, order, or proceeding was was entered entered oror taken. taken. A motion motion under under this subdivision (b) this subdivision (b) does not not affect the the finality of of aa judgment judgment or 24 24 suspend its operation. operation. suspend its 25 25 Guam R. Civ. P. 60(b). Guam R. 60(b). "Rule "Rule60(b)(I) 60(b)(l)authorizes authorizes aa court court to to grant grant relief relief from from judgments judgments for 26 26 'mistake, 'mistake, inadvertence, excusableneglect.' inadvertence, surprise, or excusable neglect.' The The 'mistakes' 'mistakes' ofjudges ofjudges may may be be remedied 27 27 under this provision. The Therule ruleencompasses mistakes in encompasses mistakes in the the application application of of the the law." law." Cristobal v. v. 28 Siegel, (quoting Parks v.v. US. Siegel, 2012 Guam 1618 'll 8(quoting US LW Life && Credit Credit Corp., Corp., 677 F.2d 838, 838, 839-40 839-40 (11th (1 ltd

Kim v, Yu v. Yu Case No. Case No. DM0472-18 DM0472-18 Decision and Order

Page Page 2 of7 1 1982)). "Like Cir. l982)). "Likeaamotion motiontotoreconsider, reconsider, aamotion motion under under Rule Rule 60(b) 60(b) is is not a second opportunity 2 for the losing party to make its strongest case, to rehash arguments, or to dress up arguments that

3 previously failed." failed." Kustom Signals, Signals, Inc. v. Applied Applied Concepts, 2d 1233, Concepts, Inc., 247 F. Supp. ad 1233, 1235 1235 4 (D. Kan. 2003), auld, ajj'd,. 111 F. App'x 611 611 (Fed. Cir. 2004) (citation omitted).

5 Here, Defendant moves the Court to reconsider "the division of of the marital debt associated 6 bankruptcy matter" because "[m]any, with the bankruptcy if not most, of "[in]any, if of the debts involved in the Chapter 7 13 bankruptcy 13 baMmiptcy were community debts incurred incurred during during the themarriage." marriage." (Mot. Reconsideration Reconsideration at at 8 Defendant seeks 3). Defendant seeks for for Plaintiff Plaintiffto to "pay "pay for for half halfof ofthe the bankruptcy bankruptcy payments payments and and related related costs, 9 $104,934.51" or $l04,934.5 or for l" or for Plaintiff Plaintiffto to "pay "pay for for half halfof ofhis his appropriate appropriate community debt debt portion of of the IO 10 debts associated associated with with the the bankruptcy." bankruptcy." Id. Plaintiffopposes, ld. Plaintiff opposes, arguing arguing that that Defendant Defendant has failed II to meet the requirements of Rule 60(b). See generally, Opp'n at generally, Opp'n at 1-2, 1-2, Apr. Apr. 12, 12, 2024. 2024. In Reply,

12 12 Defendant argues argues that that at at minimum, minimum, the the debt debt to to Attorney Attorney Moylan Moylan and and to to Bank of Hawaii were

13 13 community debts paid for and discharged discharged in in bankruptcy. ("Plaintiff is unable to bankruptcy. See Reply at 2 ("Plaintiff

14 14 prove that the debt to to Attorney Attorney Douglas Douglas Moylan and to Bank of Hawaii were separate debt."); debt."), see

15 15 Deel. of Deft also Decl. Mr. Moylan and Bank of Hawaii, Mr. Kim 18 ("Combining the debts paid for Mr. Deit118

16 should be ordered to pay his community ordered to community debt debt share share of of these these debts debts which which total total $75,985.29."). $75,985.29."). 17 Defendant ultimately paid $10,500.00 in principal and $3,886.67 in interest towards the Bank of

18 18 Hawaii loan and $137,583.93 $137,583.93 to to Attorney Attorney Moylan Moylan in attorney's fees. fees. See See Decl. Deel. of ofDefy., Deft., Exh. A, 19 19 Mar. 18, (Chapter 13 18, 2024 (Chapter 13 Standing Standing Trustee's Trustee's Final Report and Account (Bankruptcy (Bankruptcy Case No.

20 20 17-00096), Jan. 3, 2023).

21 Testimony at trial set forth forth the following: following:

22 45. In 2010, Defendant Sued 2010, Defendant Sued Henry Henry Wood and Song Cha Wood over the MTM Civil Case Washland in Civil Case No. No. CVl CVl122-10. 122-10. Defendant Defendanttestified testifiedthat thatthe theLaundromat laundromat 23 tenants caused a lot of issues in the building. 24 46. Defendant retained retained Attorney Attorney Douglas Douglas Moylan in the civil matter, matter, which was 25 litigated all all the the way way to to trial. trial.... ...Defendant Defendanttestified testifiedthat thatshe she tried tried to to negotiate negotiate with 26 Attorney Moylan to settle Attorney Moylan settle the attorney's attorney's fee fee issue issue but but was was unsuccessful unsuccessful andand Attorney Moylan sued her in 2017 in Civil Case No. CV0210-17. l0-17. 27 47. Defendant testified that because of this, Plaintiff Plaintiff told her to file bankruptcy and 28 to put everything under his name.

Kim v. Kim v. Yu Case No. No. DM0472-18 DM0472-18 Decision and Decision and Order

Page of7 Page 3 of * * * 1 *** 2 76. Defendant Defendant filed for bankruptcy in the U.S. District Court of Guam, Bankruptcy 17-00096, In Case No. 17-00096, In re re JAEUN KA.THY KATHY YU Defendant filed YU Defendant filed for for bankruptcy in 3 her name only. 4 77. Plaintiff testified testified that that he he accompanied accompanied Defendant Defendant to to most most meetings with her 5 bankruptcy attorney, butbut did did not not sign sign any any bankruptcy bankruptcy documents. documents. Plaintiff Plaintiff testified tha t he disa that gr eed with disagreed with Defenda Defendant nt filing filing ba nkr uptcy. PPlaintiff bankruptcy. la intiff testified testified tha thatt 6 Defenda Defendantnt filed filed for for bankruptcy ba nkr uptcy after a fter she she sued sued the the tenant tena nt and a nd took took over thethe 7 laundromat. Laundromat. Plaintiff indicated that Defendant did not want want to pay attorney fees to 8 Attorney Douglas Moylan incurred from the lawsuit.

9 78. Defendant's bankruptcy matter Defendant's bankruptcy matter included included attorney's attorney's fees feestoto Attorney Attorney Moylan Moylan along with withseveral several unsecured unsecured loans loans from from various variousbanks banks from fromasas early earlyas as 2001 2001. 10 * * * *** II 82. Defendant's monthly payment payment in in the the bankruptcy bankruptcy proceeding is $3,I00.00. $3,100.00. At 12 testimony, Defendant the time of her testimony, Defendant had made approximately 40 payments totaling 13 13 $12,400.00 towards $12,400.00 towards bankruptcy bankruptcy payments payments since the parties' separation in August 2018. 14 83. Defendant testified 83. testified that that her bankruptcy bankruptcy plan plan was was for five years, years, and would 15 15 conclude in conclude in 2023 2023. 16 84. Plaintiff testified testified that that he he did did not not believe believe Defendant Defendant was was including including all her her income income 17 17 and assets for the the bankruptcy bankruptcy proceedings. proceedings.

18 (FFCL at 8; 8, 11 11--12). 12).The TheCourt Courtdetermined determined that that "Defendant "Defendant shall shall retain retain any any remaining remaining obligations obligations

19 19 under the bankruptcy proceedings (In re Jaeun Jasun Kathy Yu, Yu, Bankruptcy Case No. 17-00096, 17-00096, U.S.

20 20 District Court of of Guam) Guam) as as her her sole sole and and separate separate obligation." (FFCL at obligation." (FFCL at 31). 21 The parties disputed at trial trial whose whose idea it was to declare bankruptcy, in addition to the

22 22 reason(s) why Defendant filed bankruptcy on her own instead reason(s) instead of of jointly with Plaintiff Plaintiff. While 23 both Plaintiff and and Defendant may have attended attended meetings meetings with with the the bankruptcy bankruptcy attorney, attorney, only

24 24 Defendant signed the bankruptcy documents and ultimately bankruptcy documents ultimately filed filed for bankruptcy in her name bankruptcy in 25 alone. The The Court Court does does not not find find that that the the bankruptcy bankruptcy payments towards the Attorney's Fees and 26 of Hawaii loan should Bank of should be considered considered community debt. As indicated debt. As indicated earlier, earlier, Defendant's 27 27 bankruptcy matter included bankruptcy matter included attorney's attorney's fees fees to Attorney Moylan along with with several several unsecured unsecured 28 loans from various banks from from as as early early as as 2001. 2001. The Court Court acknowledges acknowledges that that the parties were

Kim Kim v. v. Yu Yu Case No. Case No.DM0472-18 DM0472-I8 Decision and Order

Page Page 4 of7 ofl7 l mailed marriedwhen whenDefendant Defendantincurred incurredthe the debt debt to to Attorney Attorney Moylan, Moylan, but but finds finds that that because the lawsuit

2 she initiated initiated was was to evict the Laundromat tenants in laundromat tenants inthe theMTM MTM building building which which the Court determined determined

3 was her sole property, that debt property, that debt isis aa separate separate debt, debt, and and not not aa community community debt. debt. There was no

4 testimony at trial tal regarding regardingany anyloan loan obtained obtained by by Defendant Defendant from the the Bank Bank of Hawaii.l1 Without of Hawaii.

5 more, more, the Court finds finds that the loan shall remain remain classified classified as separate separate debt under Defendant's

6 bankruptcy proceeding. 7 II. Motion for Updated Accounting

8 Defendant also moves the Court for an "updated "updated accounting accounting in in order order to determine determine each

9 party's respective property interest respective property interest and and obligations." obligations." (Mot. Reconsideration at (Mot. Reconsideration at 4). 4). Defendant Defendant

IO 10 indicates as to the Coast 460 Loan she "paid an additional additional 8 months of of the monthly monthly $4,212.50 $4,212.50

II which totals $33,700" $33,'700"of ofwhich whichPlaintiff Plaintiffowes oweshalf ($16,850)."Id. half($16,850)." Id Defendant Defendant requests:

12 the court order the the Plaintiff Plaintiff to to pay pay for for his his share share of of the the community debt. If Plaintiff community debt. Plaintiff is unable to pay for his share of his community debt with his community property 13 interests, then Ms. interests, then Ms. Yu is requesting requesting that the Court convey to her all community community [4 14 property and all community debt associated with this matter.matter. Or, in the alternative, 15 15 Ms. Yu requests that the court enter aa money money judgment judgment against the Plaintiff Plaintiff so that Ms. Yu can pursue all available legal remedies under Guam law against him. 16 16 (Mot. Reconsideration at 4-5). Reconsideration at 4-5). Plaintiff Plaintiff sets sets forth forth that this request is premature in light of the 17 17 pending Motion for Reconsideration Reconsideration before before the the Court. Court. (Opp'n (Opp'n at at 4). 18 18 On July 31, 2024, Defendant also filed a Motion for an Order Awarding SK Property to 19 Defendant. The Defendant. The briefing briefing deadlines for this this Motion Motion have have not not yet yet passed. passed. See See CVR CVR 7.1 Form 11 20 (Opposition brief due (Opposition brief due August August 27, 27, 2024; 2024, Reply Reply brief brief (if (if any) any) due due September September 10, 10, 2024). 2024). In the 21 Motion, Defendant requests Motion, Defendant requests that that she she be be awarded the SK Property awarded the Property and and that that the the $220,000 $220,000 22 community community property interest in property interest in the the SK Property Property be be offset offset against against money money owed owed to to her by the 23 Plaintiff, Plaintiff. See generally, generally, Mot., Jul. 31, 31, 2024. 2024. The Motion further references the instant Motion in 24 that she has requested for for aa money money judgment. judgment. In In light light of ofthis, this, the the Court Court finds that this portion of 25

27 |1 The TheCourt didhear Courtdid heartestimony, testimony, however, however, as as to to other other bank bank loans during the loans obtained during the marriage manage such such as the the Bank Bank of Guam loan andand Coast Coast360360loan. loan. Some Some of of the thebankruptcy bankruptcypaperwork paperwork includes includesinformation informationonontwo two different different Bank Bank of 28 Hawaii loans. Hawaii loans. See Plt. Pit. Exh. 14.

Kim v, Kim v. Yu Case No. No. DM0472-18 DM0472-18 Decision and Decision and Order

Page 5 off of7 1 the Motion should be addressed with the pending Motion for an Order Awarding SK SK Property to 2 Defendant. TThus, Defendant. the Court hus, the Court reserves reserves on any any ruling ruling on this this portion portion of of the the Motion Motion until until the 3 subsequent Motion regarding the subsequent the SK SK Property is addressed. 4 III. Plaintiff's Cross Motion for Reconsideration Plaintiffs Cross

5 Opposition to Defendant's In his Opposition Defendant's Motion Motion for for Reconsideration, Reconsideration, Plaintiff Plaintiff also includes a 6 Cross-Motion for Reconsideration. Plaintiff Plaintiffargues argues that that the Court erred under GRCP GRCP 60(b) 60(b) "when "when

7 7 it found that it was unable to attribute attribute greater fault fault to to either party party relating relating to to abuse abuse or or cruelty." cnielty."

8 'nat (Opp'n at 3). Plaintiff Plaintiffsets sets forth that the Court should should "find "find that Defendant Defendant KATHY THY was was at greater 9 fault for for the the Parties' Parties' divorce divorce and that Plaintiff Plaintiff KIM KIM is is entitled entitled to to more more community community assets and less

10 10 community community debt." Id.atat4.4.Defendant debt." Id Defendantopposes, opposes,arguing arguingthat that"Plaintiff "Plaintiffhas hasincorporated incorporatedaacross~ cross- 11 motion without any accompanying CVR CVR forms forms or or necessary necessary papers" and that "[i]n light of the 12 12 Court's detailed Court's detailed summary summaryof ofthe the testimony testimonyatat trial, trial, and serious consideration of the material facts, consideration of

13 the Court should should again again deny deny Plaintiffs Plaintiffs request for reconsideration." (Reply at reconsideration." (Reply at 3). 14 The Court heard a significant amount of testimony from both parties accusing each other

15 of physical physical and emotional emotional abuse. abuse. Plaintiff has has not presented presented any any basis basis for for reconsideration. reconsideration. 16 16 Therefore, the Court denies the Cross-Motion for Reconsideration.

17 17 IV. IV. Interlocutory Interlocutoryand and Final FinalDivorce DivorceDecrees Decrees 18 Lastly, Lastly, Defendant moves the Court to order order Plaintiff to submit the divorce decrees, as Plaintiff to 19 19 previously ordered in the Findings of of Fact and and Conclusions of Law. (Mot. Reconsideration Law. (Mot. Reconsideration at at 5). 20 20 Plaintiff the request Plaintiff indicates that the request is is premature premature in in light light of of the thepending pending Motion Motion for for Reconsideration Reconsideration

21 before the Court. (Opp'n at Court. (Opp'n at 4). 4). Plaintiff Plaintiffhas has not not presented presented the the Court with any reason why he has 22 22 been unable to proffer the decrees as previously ordered. Therefore, Therefore, the the Court Court orders orders Plaintiff Plaintiff to 23 submit submit the divorce decrees within within twenty twenty (20) (20) days days of of the issuance of of this Decision and Order. 24 CONCLUSION

25 For the the foregoing foregoing reasons, reasons, the the Court Court hereby hereby DENIES DENIES IN IN PART PART Defendant's Defendant's Motion for

26 Reconsideration. The Reconsideration. The Court Court RESERVES RESERVES on on the the portion portion of of Defendant's Defendant's Motion Motion requesting requesting an 27 updated accounting and ORDERS Plaintiff Plaintiff to submit the divorce decrees for the the Court's Court's signature

28 within twenty (20) days of of the the issuance issuance of ofthis thisDecision Decisionand andOrder. Order. The The Court CourtDENIES DENIESPlaintiffs Plaintiffs

Kim v, Kim v. Yu Case No. No. DM0472-18 DM0472-18 Decision and Order Decision and

Page 66 of Page of7 l Cross-Motion for Reconsideration. Cross-Motion for Reconsideration. A CVR CVR 7.1 7.1 Form Form 33 Notice Notice ofofHearing Hearingor orSubmission Submission on 2 Briefs Briefs will will be be subsequently subsequently issued setting forth issued setting forth aa Motion Motion Hearing Hearing date date for for Defendant's Defendant's Motion

3 for an Order Awarding to Defendant. Property to Awarding SK Property

5 IS SO ORDERED IT IS this ORDEREDthis aw' 1t .JVJday of ofAugust, August, 2024. 2024.

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8 HONOR.ABiQE HONORABLE VERNONVERNON P. p. PEREZ Judge, Superior Court of Guam Judge, Guam 9 g

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Kim Kim v. Yu Yu Case No. Case No.DM0472-l DM0472-l8 Decision and and Order

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