Judge: Bruce G. Iwasaki, Case: 21STCV22975, Date: 2023-03-15 Tentative Ruling

Case Number: 21STCV22975    Hearing Date: March 15, 2023    Dept: 58

Judge Bruce G. Iwasaki

Department 58

Hearing Date:             March 15, 2023

Case Name:                Vickers Holding & Finance, Inc. v. ABCComfort LLC

Case No.:                    21STCV22975

Matter:                        Default Judgment Application

Moving Party:             Plaintiff Vickers Holding & Finance, Inc.

Background

This is fraud case.  In October 2016, Vickers Holding & Finance, Inc. (Plaintiff) obtained a money judgment from the Netherlands court against Jossiv Kim (Jossiv) relating to a loan agreement.  Jossiv then absconded to Los Angeles County and fraudulently transferred some of his money to his wife, Angelina Kim (Angelina).

Plaintiff then sued in Los Angeles County in September 2017 under the Uniform Foreign Money-Judgment Recognition Act, requesting that the Netherlands Judgment be given force and effect in California.  The Court granted the request in November 2018 against Jossiv and Angelina in the amount $6,597,215 plus $2,297,416 in interest, accruing at $717 per day.  Plaintiffs then obtained an Assignment Order against Jossiv and Angelina, for any monies due from various third parties.  Despite that order, Plaintiff alleges that Jossiv and Angelina have fraudulently transferred the money, including to their son, Alex Anton Kim (Anton), and to numerous third-party entities such as Magic Touch Repair, Inc. (Magic Touch)

Anton allegedly created a company, ABCComfort LLC, which then received money back from third parties such as Magic Touch, who would then transfer to Anton, and then back to Jossiv and Angelina to circumvent Plaintiff’s collection efforts.

Plaintiff now sues ABCComfort LLC, Anton, Magic Touch, and Dmitry Sklyar (CEO of Magic Touch) for three counts of fraudulent transfer, civil theft, unjust enrichment, and civil conspiracy.  The Complaint requests a judgment that all fraudulent transfers by Jossiv and Angelina to Magic Touch be found voidable.  In addition, Plaintiff requests that Defendant Sklyar be jointly and severally liable for any unpaid amounts of the judgment as a co-conspirator of Jossiv, Angelina, and Anton.

Defendants Magic Touch and Dmitry Sklyar (Sklyar) failed to file an answer and the default against them was entered on August 26, 2021.  Plaintiff now seeks default judgment against these two Defendants.

Summary of Request

• Compensatory Damages:                             $8,894,631
• Prejudgment Interest (10% per year):       $1,013,838
• Costs:                                                             $N/A
• Attorney’s Fees:                                            $N/A
• Total:                                                              $9,904,969 ($3500 credit for sale of vehicle)

Discussion

Compensatory damages

Plaintiff requests damages in the total amount of $8,894,631.  Elena Volkova, the beneficial owner of Plaintiff, attests that the California-based judgment is now final.  (Volkova Decl., ¶ 7.) The amounts in that order were for $6,597,215 and $2,297,416 in interest.  (Id. at Ex. 1.)  The underlying order was a judgment from the Netherlands Court.  Thus, the Court awards that amount. 

Interest

            As to the interest, Plaintiff requests $1,013.838.  The amount was calculated by multiplying the daily interest rate of $717 by 1414, which is the number of days between November 6, 2018 (date of the prior judgment) through September 21, 2022 (date that the declaration was signed).  (Volkova Decl., ¶ 7, fn. 1.)  This results in a figure of $1,013,838.  The Court awards this amount.