Kyung
Kyung v. El Paseo South Gate CA2/3
Opinion
Opinion
INTRODUCTION
Plaintiff and appellant Myung Ho Kyung (Kyung) appeals from the granting of
a motion for summary judgment (Motion) brought by his landlord, defendant and
respondent El Paseo Shopping Center LLC (Respondent). In ruling upon the Motion,
the trial court did not have the benefit of a recent decision by the California Supreme
Court, Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Assn. (2013)
55 Cal.4th 1169 (Riverisland). Mainly in light of that decision, we will reverse the
judgment.
In reaching that conclusion, we express no opinion on the merits of Kyung‟s
claims. While we make some comments below on the future of this lawsuit, we mainly
focus on determining that the Motion should not have been granted in light of the
current record.
FACTUAL BACKGROUND
In 2001, Kyung signed a lease (Lease) with respect to a business premises
(Premises) at the El Paseo Shopping Center (Shopping Center). There, with his wife,
Kyung operated a restaurant (Restaurant). Kyung entered into a written lease dated
February 23, 2001 and, by assignment, Respondent subsequently became Kyung‟s
landlord with respect to the Premises.