Seo In v. Lucky Kim International
Seo In Corporation (appellant) appeals from an order of the superior court dismissing its case against husband and wife, Kyu Bong Kim (Mr. Kim) and Hyo Sook Kim (Mrs. Kim), and two companies owned by the Kims, HQ Textile, Inc. (HQ), and Lucky Kim International (Lucky) (collectively respondents). Appellant contends that the court erred in finding that its action was based on the same facts as those in a prior federal case and thus was an improper attempt to secure a duplicate judgment. We agree, vacate the order of dismissal, and remand for the superior court to conduct a prove-up hearing. At that hearing, the court must determine whether appellant has established a prima facie case and, if so, enter judgment in its favor.
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