Superior Court of California 

County of Los Angeles 

Department 78 

¿ 

 

I. BACKGROUND 

This case matter was reassigned, effective July 5, 2024. The Court reviews the history of this matter. 

Petitioner LG H&H Co., Ltd.’s (“Petitioner”) petition to confirm arbitration award against respondents Insil Kim and Sunna Kim (“Respondents”) had been previously granted on April 8, 2024. (Min. Order, April 8, 2024.) However, the petition was continued so that the parties may confer regarding the arbitration award made and granted, with counsel to file a status report by April 22, 2024. (Ibid.) 

On April 24, 2024, the prior court continued the hearing on the petition so that counsel could meet and confer regarding clarification of an issue with the arbitrator's award is made and granted. 

On May 20, 2024, Petitioned and Respondents filed supplemental briefs on the issue. 

On May 22, 2024, the petition was once more continued to August 21, 2024. 

 

II. DISCUSSION 

There is no dispute that arbitrator Thomas Heck (“Mr. Heck”) of KPMG issued a final award on September 5, 2023 in favor of Petitioner. The parties dispute only the amount of the arbitration award. 

Petitioner avers that the arbitration award requires Respondents to pay Petitioner $4,489,313.00. (Pet. ¶ 8(b)(1).) Petitioner argues the arbitrator determined that the Working Capital Shortfall is $2,115,695 and the Inventory Amount Shortfall is $2,331,015, which equals to $4,446,710. Additionally, the arbitrator awarded Petitioner $42,603.00 in reimbursement of arbitration fees. Thus, the total amount awarded to Petitioner altogether is $4,489,313.00. 

Respondents argue that the aggregate amount contested that was considered by KPMG was $3,300,954, and that $2,468,032 was awarded to Petitioner. Respondents provide the email chain between the parties and Mr. Heck. 

After reviewing the original petition and supplemental briefs, the Court agrees with Respondents that the arbitration award appears to be $4,489,313.00, which is an aggregate between the Working Capital Shortfall is $2,115,695.00, the Inventory Amount Shortfall is $2,331,015.00, and $42,603.00 in reimbursement arbitration fees. 

 

III. CONCLUSION 

Petitioner LG H&H Co., Ltd.’s Petition to Confirm Arbitration Award is GRANTED in the amount of $4,489,313.00. 

 

Moving Party is ordered to give notice. 

 

DATED: August 20, 2024 

__________________________ 

Hon. Michelle C. Kim¿ 

Judge of the Superior Court 

 

PLEASE TAKE NOTICE: 

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

• If a party intends to submit on this tentative ruling, the party must send an email to the court at SMCDEPT78@lacourt.org with the Subject line “SUBMIT” followed by the case number. The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting. 

• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument. You should assume that others may appear at the hearing to argue. 

• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court. After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.