Suh

Suh v. Pak CA2/3

Good Law
Court of Appeal of CaliforniaFebruary 26, 2024B320737California6,902 words

Opinion

Opinion

Egerton, J.

BACKGROUND

Our statement of the facts focuses on the only issue on appeal: the court’s exclusion of the $4,714,622 plaintiff claimed his lost exclusive territory rights were worth from the awarded damages. By way of background, we briefly discuss the facts relating to defendants’ liability, which we primarily adopt from the court’s statement of decision. We reserve discussion of some of the evidence on damages for our analysis below. 1. Plaintiff’s purchase of an It’s Boba Time store Defendant Boba Time, Inc., founded by defendants Eunice Unmi Pak3 and her husband Tae Yoon “Richard” Jun, is the franchisor of “It’s Boba Time” (IBT) retail specialty beverage and snack stores. The shops typically sell boba teas, smoothies, shaved ice, coffee, and other snack and food items. Defendants J&U Corp., Wellbeing Time, Inc., and IBT Brothers, Inc. are affiliates of Boba Time. Pak is the owner and President of Boba Time and its affiliate companies. Jun is the Vice President of Boba Time and J&U Corp. Pak and Jun purchased a business located on property owned by plaintiff’s father John Suh—in the name of now defunct IBT Brothers—and reopened the business as an IBT store. The store was…

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