Chong Kook Kim v. Yong Do Kang

Appellants Chong Kook Kim and Kum Ju Kim (“the Kims”) challenge a final judgment issued by the district court that distributes funds placed in escrow by the Appellees Kenny Kang, Lisa Kang, Yong Do Kang and Jin 0. Kang (“the Kangs”) in preparation for their purchase of a liquor market from the Kims. Southbay Business Brokers (“the Broker”), which represented the Kangs in their efforts to purchase the market, also appeals the district court’s judgment. It challenges the court’s decision not to award it attorney’s fees incurred in defending against cross-claims filed by the Kangs. The issues raised on this appeal are discrete: (1) whether the district court had subject matter jurisdiction over the action; (2) whether the court erred in revising earlier rulings regarding the distribution of the escrow funds; and (3) whether the court erred in declining to award attorney’s fees to the Broker. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The Kims owned a liquor store in San Pedro, California, called Harbor Market. Through the Broker, the Kangs offered to purchase the store; and, after some negotiation, the Kims accepted the…