Judge: Jon R. Takasugi, Case: 23STCV12604, Date: 2025-03-19 Tentative Ruling

Case Number: 23STCV12604    Hearing Date: March 19, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendant’s motion for a judgment on the pleadings is GRANTED, WITHOUT LEAVE TO AMEND.

On 6/2/2023, Plaintiff Anthony Kim, in pro per, filed suit against Eunice J. Bodak, Sunok Ham Lee, Chares C. Yoo, Grace Eunhye Ryu, Wisdom Jeehye Ryu, alleging quiet title. On 6/14/2023, Plaintiff filed a first amended complaint (FAC) against the same parties alleging the same claim.

            On 9/12/2023, Complainants Charles C. Yoo, Grace Eunhye Ryu, and Wisdom Jeehye Ryu filed a cross-complaint against Eunice J. Bodak, alleging: (1) abuse of process; (2) fraud; (3) indemnification; (4) equitable contribution; and (5) declaratory relief.

            On 1/30/2025, Defendant demurred to the first cause of action for quiet title.

Discussion

            Defendant argues that Plaintiff cannot state a claim for quiet title for the property in question because the property is located in Korea.

CCP section 760.050 requires that: “Subject to the power of the court to transfer action, the proper county for the trial of action under this chapter is (a) Where the subject of the action of real and personal property, the county in which the real property, or some part thereof, is located.”

            Here, the Subject Property is located in South Korea. (Complaint ¶ 10.)

            The Court lacks jurisdiction to quiet title for a property in South Korea. (See Tully v. Bailey (1941) 46 Cal.App.2d 195.) The principle that real property is exclusively subject to the laws and jurisdiction of the state where it is located is well established. Courts of one jurisdiction cannot make a decree that directly affects the title to real property beyond their territorial limits

            Based on the foregoing, Defendant’s motion for a judgment on the pleadings is granted, without leave to amend.

It is so ordered.

Dated:  March    , 2025

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.