Choi v. Choi
Filed 7/31/06 Choi v. Choi 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
| YONG DUK CHOI, Plaintiff and Appellant, v. KYUNG SOOK CHOI et al., Defendants and Respondents | B181775 (Super. Ct. No. BC 300991) |
APPEAL from a judgment of the Superior Court of Los Angeles County. Quentin L. Kopp, Judge. (Retired Judge of the San Mateo Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.
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Yong Duk Choi, in pro. per., for Plaintiff and Appellant.
Kenneth T. Haan & Associates, Edward J. Blum and Kenneth T. Haan for Defendants and Respondents Kyung Sook Choi and Kyung Ah Choi.
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Yong Duk Choi (Choi) and his former wife Kyung Sook Choi (also known as and hereafter referred to as Michelle) entered into two written contracts by which Choi would build two houses on adjoining lots owned by Michelle's sister Kyung Ah Choi (hereafter Kyung Ah) and share in the profit from their sale. Choi was paid for and completed most of the construction, but disputes arose about work quality, change orders and resulting cost increases, and delays in completion, resulting in others being hired to complete the work. Choi sued the sisters for breach of contract and related claims, and the sisters cross-complained. After a court trial, the court found that (1) the agreements were unenforceable because at the time they were made Kyung Ah had not authorized Michelle to act as her agent, and a later purported retroactive written authorization was too unreliable to be effective, (2) in any event, both sides breached the agreement and would recover nothing, except Michelle would recover the $8,000 she spent to remove a mechanic's lien Choi filed on one of the houses, and (3) the over $570,000 Choi received adequately compensated him under quantum meruit.
Choi appeals, contending only that insufficient evidence supports the court's finding that Michelle was not authorized to act as her sister's agent. We reject the contention and affirm the judgment.[1]
FACTS
On May 29, 1996, a grant deed transferred title to the subject property from Korea First Bank to Kyung Ah, â€
