SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES – CENTRAL DISTRICT

DEPARTMENT 74  

EXITE GROUP, INC. dba BELLA PIERRE COSMETICS

Plaintiff,

vs.

SMILE WORLD, INC.; JIN YOUNG KIM, an individual; and DOES 1 through 100, inclusive,

Defendants.

Case No.: BC405957

Hearing Date: January 20, 2023

Time: 8:30 a.m.

[TENTATIVE] ORDER RE:

[PLAINTIFF EXITE GROUP, INC. dba BELLA PIERRE COSMETICS’ MOTION FOR TURNOVER IN AID OF EXECUTION 

MOVING PARTIES: PLAINTIFF EXITE GROUP, INC. dba BELLA PIERRE COSMETICS

RESPONDING PARTY: DEFENDANT JIN YOUNG KIM  

Motion for Turnover in Aid of Execution by Exite Group, Inc. dba Bella Pierre Cosmetics.

Having considered Plaintiff’s unopposed motion, the Court rules as follows. 

BACKGROUND

On January 21, 2019,  Exite Group, Inc. dba Bella Pierre Cosmetics (“Plaintiff”) filed a complaint.

On October 16, 2020, Judgement was entered in favor of Plaintiff and against Smile World Inc.; Jin Young Kim, STK Enterprises, Inc. and JK Beauty Group, Inc. (“Judgement Debtors”) in the amount of $1,911.997.54, in addition to post judgment interest at the rate of ten percent (10%) per annum.  (Amended Judgment 10/16/2020.)  

On December 19, 2022, Plaintiff filed a motion for an order compelling Judgement Debtor Kim to turn over to the Los Angeles County Sheriff’s office, all stock certificates, voting trust certificates, and other documents evidencing his ownership and control in both JK Beauty Group, Inc. and Gold Lush Corporation.

LEGAL STANDARD

“If a writ of execution is issued, the judgment creditor may apply to the court ex parte, or on noticed motion if the court so directs or a court rule so requires, for an order directing the judgment debtor to transfer to the levying officer either or both of the following: 

(1) Possession of the property sought to be levied upon if the property is sought to be levied upon by taking it into custody. 

(2) Possession of documentary evidence of title to property of or a debt owed to the judgment debtor that is sought to be levied upon. An order pursuant to this paragraph may be served when the property or debt is levied upon or thereafter." 

(Code Civ. Proc., §¿699.040.)

Upon a showing of need for the order, the Court may issue an order.  (Ibid.)  

DISCUSSION

Plaintiff contends that the Writ of Execution has been issued.  (Declaration of Glassman ¶ ¶ 7,9; Exhibit “E”.)  Furthermore, Plaintiff contends there is a need for the order because funds are received into the JK Beauty Group account and then immediately wire transferred to the Gold Lush bank account, and these efforts are done to avoid bank levies on the JK Beauty Bank account.  (Id., ¶ 3; Exhibit “B”.)  Judgement Debtor Kim is the Chief Executive Officer, Secretary, Chief Financial Officer, and Director of both JK Beauty Group, Inc. and Gold Lush Corporation.  (Id., ¶¶ 4-6; Exhibits “C” and “D”.)  Based on the foregoing, and considering no opposition has been filed, the Court GRANTS the instant motion.  

Based on the foregoing, the Court GRANTS Plaintiff’s motion, subject to Plaintiff submitting an amended proposed order that complies with the notice requirement of Code of Civil Procedure section 699.040, subdivision (c).  

The moving party is ordered to give notice of this ruling.

IT IS SO ORDERED.

DATED:  January 20, 2023

_____________________________

Colin Leis

Judge of the Superior Court