Park

Dae Sung Lee v. Moo Yeol Park

Good Law
1996 Cal. App. LEXIS 227·43 Cal. App. 4th 305·50 Cal. Rptr. 2d 511·96 Daily Journal DAR 2603·96 Cal. Daily Op. Serv. 1592
Court of Appeal of CaliforniaMarch 6, 1996B078213California1,467 words

Opinion

Opinion

Epstein, J.

The appellants Dae Sung and Cindy Su Lee appeal from an order of dismissal for failure to diligently prosecute their case. (Code Civ. Proc., § 583.360, subd. (a).) We find no abuse of discretion and affirm the judgment.

Factual and Procedural Summary

Since the facts underlying this complaint do not bear on resolution of the issue on appeal, we discuss them only briefly as background. Appellants purchased a grocery business in Bell Gardens, California, known as Jabonería Market (the business) from respondents Moo Yeol and So Cha Park. Appellants entered into an escrow agreement with respondents on or about July 17, 1987, after which the sale of the business was completed. Appellants alleged the written escrow instructions conditioned the sale on there being no pending “ ‘citations, violations or disciplinary proceedings’ ” against the business and on four years remaining on the lease. The term of the lease was four years with a renewal option of five years.

In 1971, long before the purchase, the area where the business was located was rezoned as residential by the City of Bell Gardens and, pursuant to the new zoning code, all businesses had until January 27, 1991, to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.