Hong v. Ha CA4/3
Linda Hong sued Jin Ha for unpaid rent on a space that Ha had used to sell vitamins and other products at Hong’s Fullerton spa. Hong also sued Ha for her alleged part in a conspiracy to divert funds owed Hong from a Korean land investment. Ha then sued Hong for money due on dishonored checks – and that was all she sued for. Her complaint contained no other causes of action and no claim Hong owed any money on a loan agreement. After a trial to the court, the judge rejected both of Hong’s claims against Ha, but awarded Ha $33,000 against Hong, ruling that her complaint really stated a claim for breach of an oral loan agreement. He calculated $33,000 was the amount due on that agreement. Hong challenges all three determinations on appeal.
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