Marriage of Kim
Filed 6/27/06 Marriage of Kim CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION ONE
| In re the Marriage of SUSAN and YOON BUM KIM. | B180883 (Los Angeles County Super. Ct. No. BD344766) |
| SUSAN KIM, Respondent, v. YOON BUM KIM, Respondent; LONGEVITY NETWORK, Appellant. |
APPEAL from orders of the Superior Court of Los Angeles County. Richard E. Denner, Judge. Affirmed.
Greenberg Glusker Fields Claman Machtinger & Kinsella, Harvey R. Friedman, Lee A. Dresie; Greines, Martin, Stein & Richland, Robin Meadow and Feris M. Greenberger for Appellant.
Parker Mills & Patel, David B. Parker, William K. Mills, Howard M. Fields and Gina A. Leago for Respondent Wife.
No appearance for Respondent Husband.
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Longevity Network, LLC (Longevity), is a judgment creditor of Yoon Kim (Husband) and a claimant in the dissolution of marriage proceeding of Husband and Susan Kim (Wife). Longevity appeals from orders (1) denying its motion to reissue a writ of execution in the amount of approximately $9.7 million on a residence on Rexford Drive in Beverly Hills awarded to Wife in the dissolution proceeding and (2) granting Wife's countermotion to declare Longevity's judgment lien on the Rexford residence extinguished under the doctrine of equitable estoppel.
We reject Longevity's challenge to the sufficiency of the evidence establishing equitable estoppel and affirm the order because Longevity's conduct and Wife's reliance meet all of the requirements of equitable estoppel under the instant circumstances. Substantial evidence shows, among other things, conduct by Longevity which led Wife reasonably to believe that Longevity would not assert its $9.7 million judgment lien against the Rexford residence, worth about $5.4 million, and that Wife reasonably relied upon such conduct to her detriment. Wife here suffered detriment because she gave Husband a residence on Denbigh Drive worth approximately $2 million, which she held free and clear of Longevity's judgment lien, as well as a right to about $3 million cash and Korean won worth about $767,000, in exchange for the Rexford residence, which is worth far less than the $9.7 million judgment lien. In other words, Longevity's assertion of its judgment lien against the Rexford residence would have taken away all benefits awarded to Wife under a judgment and order entered in the dissolution proceeding.
BACKGROUND[1]
The Kims participated in a marriage ceremony in 1990 and obtained a marriage certificate from the State of California in 1992. Their two minor children were born in 1992 and 1996. In 1994, Husband and his cousin, James Song, started a company, Longevity, a Nevada corporation, to develop and market health and body care products. Longevity's Web site identified Song as Longevity's chief executive officer (CEO) and Husband as â€
