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Appellant's Exhibit 24 (as referenced in June 30, 2017 Appellant WPDC Cleveland LLC's Witness and Exhibit List) ---PAGE BREAK--- FILED 09 JUL08 PM 3:36 1 KING COUNTY SUPERIOR COURT CLERK E-FILED CASE NUMBER: 09-2-03962-3 SEA 2 3 4 5 6 7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY 8 9 RAIN CITY DEVELOPEMENT, a Washington limited liability company, 10 Plaintiff, No. 09-2-03962-3SEA 11 12 SUPPLEMENTAL DECLARATION OF SCOTT KOH IN SUPPORT OF DEFENDANT SHILLA INCORPORATED'S MOTION TO VACATE THE ORDER OF DEFAULT V 13 SHILLA INCORPORATED, a Washington corporation, and HANMI UNION BANK. HANMI BANK, 14 Defendants. 15 16 I, Scott Koh, declare: 17 At ail times in my dealings with representatives of Rain City Development I was 1. 18 Secretary of Shilla, Inc, and was authorized to speak with them regarding their claims. As I stated previously in my prior declaration, none of the representatives and legal counsel for Rain City Development ever emailed or called me to let me know that Rain City had filed a lawsuit and that they needed to locate me or anyone else as registered agent, or as an officer of the corporation, to serve the lawsuit, hi reviewing the Declaration of Shelli Dean, I have not read 19 20 21 22 23 24 where she bothered to contact me to let me know that her firm had sued our company; however. 25 SUPPLEMENTAL DECLARATION OF SCOTT KOH IN SUPPORT OF DEFENDANT SHILLA INCORPORATED’S MOTION FOR AN ORDER VACATING THE ORDER OF DEFAULT- Page 1 26 STERNBERG THOmON OKRENT& SCHER, ELLC 500 Union Street, Ste. 500 Seattle, Washington 90101 (206) 623-4846 FAX(206) 374-8199 27 28 Appellant WPDC Cleveland's Exhibit 24 - Page 1 of 11 ---PAGE BREAK--- she never failed to threaten me with a lawsuit throughout our discussions. 1 2 Once I learned in June of 2009 that a lawsuit had been filed against our company, I 2. '3 immediately hired legal counsel to defend Shilla, Inc, in the lawsuit, I never would have waited to respond to a lawsuit that has a huge impact on my family's property if I knew that the lawsuit had been filed against us. 3. Shilla, Inc. presently occupies the address that was the registered office of the company at the time the lawsuit arose and I am now the registered agent. Rain City was aware, via email to its then counsel on November 14, 2006, that my father Kwang S. Koh had traveled 4 5 6 7 8 9 10 back to Korea; they knew they could not serve him in Janu^ 2009, but they could serve me. Further, in that same email, I informed Rain City that I was taking care of the company’s business and that "I am also the representative and the secretary of Shilla, Inc. (See email 11 12 13 attached.) 14 4. Shilla’s property in Redmond has been owned by Shilla (which is owned by my 15 family) since 1995 and the property is currently leased to a restaurant that occupies and maintains the property, We are presently amanging for a survey in anticipation of further litigation over the encroaching building and the "maintenance" land grab as well as the need to review the title report of Rain City's property. We request our day in court to protect our family’s 16 17 18 19 20 property from this adverse possession claim. 5. Since Rain City Development purchased the property, I have not seen them ever occupy the property nor have 1 seen anyone maintain the property; it is an abandoned, building. I do not believe the building has been occupied since T & D Feed left in approximately 21 22 23 24 25 In fact, in their discussions with me, Rain City Development always stated that 1999-2000. SUPPLEMENTAL DECLARATION OF SCOTT KOH IN SUPPORT OF DEFENDANT SHILLA INCORPORATED'S MOTION FOR AN ORDER VACATING THE ORDER OF DEFAULT- Page 2 26 STERNBERG THOMSON OKRENT & SCHER, PLLC 500 Union Street, Ste. 500 Seattle, Washington 98101 (206) 623-4846 FAX(206) 374-8199 27 28 Appellant WPDC Cleveland's Exhibit 24 - Page 2 of 11 ---PAGE BREAK--- they wanted to develop the site (knock down the existing building), and not use the current building. Recently, Rain City Development has tried to sell their property as a development parcel; they appear to be speculators, not an occupier or user of the existing building. I have attached photocopies of pictures, photographed on July 6,2009, of Rain City Development’s building and Shilla's property as Exhibit 1. These pictures show that the building is unused by Rain City Development. I have also provided in those pictures a 6 foot 1 2 3 4 5 6 7 measurement on the west and north sides of the building so the Court can see how dramatic 8 9 providing a "maintenance" strip of Shilla’s land would be. Our property would lose significant area, parking, and would diminish its value in the marketplace. The foregoing is under penalty of peijury under the laws of the State of 10 11 12 Washington. 13 DATED this 8th day of July 2009 at Seattle, Washington. 14 15 16 By 17 Scott Koh Secretary and Registered Agent for Shilla Incorporated 18 19 20 21 22 23 24 25 SUPPLEMENTAL DECLARATION OF SCOTT KOH IN SUPPORT OF DEFENDANT SHILLA INCORPORATED'S MOTION FOR AN ORDER VACATING THE ORDER OF DEFAULT- Page 3 26 STERNBERG THOMSON OKRENT & SCHER, PLLC 500 Union Street, Ste. 500 Seattle, Washinglon 98101 (206) 623-4846FAX(206) 374-8199 27 28 Appellant WPDC Cleveland's Exhibit 24 - Page 3 of 11 ---PAGE BREAK--- From: Koh Scott Date: Tue, Nov 14, 2006 at 9:15 PM To: [EMAIL REDACTED] First of all, your letter to the address of 2300 8th ave were received by my tenant, who barely speaks English. Second of all, I do not appreciate tone of your letter, if you want my attorney to contact you, and fight it out in court, yoi welcome to try, and I REMIND you will be responsible for half or ALL of my attorney's fee if this case goes to its potentii lengh of years. To KINDLY answer your question of my identity, ^ Kwang S Koh is my father, who have moved back to Korea to live and I, Scott Koh, takes care of his estate. I am also the representati and the secretary of the Shilla Inc, Currently, I do not live in Seattle, but I visit occasionally, when the business matte arises. Your letter of Oct. 24th is the FIRST letter that my tenant, who have NO obligation to be my mail collecto have forwarded to me. I would really appreciate your help of letting me view the first letter, or that of which you have claimed to sent to me, I want to work with you on this case, and considering that your client have very limited access to the site, 1 think it's better for both of us to WORK together on these issues. After all, I certainly don't want to be a bad neighbor to your client, and I am contain that your client thinks likewise. I would like to know of the amount of 'space' that your client is claiming to have, also your purchase recon the property, The last time I have check, the DeYoung's were the property owners. This email is strictly a information exchange between you and I, most sincerely, Scott Koh Shilla Inc. From: Joseoh 1. Hochman ^ ^ 152/DSC06187J... 7/8/2009 Appellant WPDC Cleveland's Exhibit 24 - Page 10 of 11 ---PAGE BREAK--- Page 1 of 1 ' r. ► 1 f TAj)e^ ^ GW»\W 152/DSC06183... 7/8/200< Appellant WPDC Cleveland's Exhibit 24 - Page 11 of 11