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Sunday, January 18, 2009

Squabble over Rota poker machines leads to another lawsuit

The fight among investors over control of poker machines on Rota has resulted to another filing of a lawsuit.

Blue Bird. Inc. filed the new lawsuit, which is described by its counsel, Ramon K. Quichocho, as a corporate hijacking case.

Blue Bird sued Byung Kook Choi, Byoong Seob Choi, Kyung Hee Joo, Bo Kyun Choi, and Pacific Rota LLC for beach of fiduciary duty, conversion, and accounting.

Blue Bird asked the Superior Court to order the defendants to pay damages. The plaintiff also requested the court to issue an injunction against the defendants to prevent any future corporate hijacking.

Quichocho stated in the complaint that on Aug. 5, 2003, Blue Bird was incorporated under the CNMI laws and its shareholders are Ok Hwa Lee and Dong Suk Kim.

Blue Bird's officers are Ok Hwa Lee, Dong Suk Kim, and Magdalene M. Taga. Listed as its directors are Ok Hwa Lee, Dong Suk Kim, and Taga. Dong Kyu Lee is its registered agent.

Quichocho said that Blue Bird then engaged in Byung Kook Choi (BK Choi) to manage the corporation.

Quichocho said that on Dec. 30, 2003, unknown to the real officers, directors, and shareholders of Blue Bird, BK Choi and his brother, Byoong Seob Choi (BS Choi), convened on Saipan a “board of directors” meeting of Blue Bird.

The lawyer said in that “meeting” BK became the president and his brother, Byoong Seob Choi, was chosen vice-president of Blue Bird.

In 2004, Blue Bird opened the poker game rooms in Songsong and Sinapalo on Rota. BK Choi managed both locations, but allegedly failed to remit money to the real owners of Blue Bird.

Quichocho said BK Choi claimed that the corporation was not making money.

In 2007, BK Choi changed the Blue Bird license in Songsong to Pacific Rota LLC, without permission from the owners of Blue Bird.

Quichocho said BK Choi and others transferred the poker machines that were in Songsong to Pacific Rota LLC.

Quichocho said that in November 2008, when Ok Hwa Lee and Dong Suk Kim arrived from Korea, they removed BK Choi as caretaking manager for Blue Bird and its business holdings and interests in the CNMI.

The lawyer said the grounds for removal include breach of trust and fiduciary duties by unlawful taking of assets and monies belonging to Blue Bird, engaging in personal business dealings, and filing fraudulent corporate documents.

Court documents show that it was BK Choi and his company, Pacific Rota LLC, who filed the first lawsuit against Quichocho and his wife, Frances, Vianney Hocog, Fidel S. Mendiola, Abelina T. Mendiola, Jung Ja Kim, and Dan Bi Choi, over the squabble on 10 poker machines on Rota.

Choi and Pacific Rota, through counsel Stephen Woodruff, sued the defendants for interference with prospective advantage and contractual relations, trespass, wrongful ejectment, civil breach of peace, conversion, conspiracy, breach of contract, and fraud.

In addition, Choi and Pacific Rota sued Quichocho for an eye poking assault, screwdriver assault, and false imprisonment.

But Frances Quichocho and Tan Dingco LLC, through Ramon Quichocho, also then filed a lawsuit against BK Choi, Pacific Rota, and five unnamed co-defendants.

In the counter-lawsuit, atty. Quichocho said that in October 2008, Pacific Saipan sold its ownership on 10 poker machines to Tan Dingco for $25,000.

The lawyer alleged that even after the purchase of the machines, BK Choi continued to manage the business and refused to report any income or expenses.

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