United States District Court, W.D. Washington, Seattle
DANNY KIM, an individual, and BIG CONSTRUCTION CORPORATION, a Washington Corporation, Plaintiffs,
WESTERN BLOSSOM HILL INVESTORS, a California Limited Partnership, WESTERN-LOS GATOS I INVESTORS, a California Limited Partnership, ESSEX REDMOND HILL NE, L.P., a California Limited Partnership and ESSEX MANAGEMENT CORPORATION, a California Corporation, Defendants.
ORDER GRANTING DEFENDANTS' MOTION FOR PARTIAL
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE.
matter comes before the Court on Defendants Western Blossom
Hill Investors, Western-Los Gatos 1 Investors, Essex Redmond
Hill NE, L.P., and Essex Management Corporation's Motion
for Partial Summary Judgment. Dkt. #16. Defendants move to
dismiss all claims brought by Plaintiff Danny Kim
individually, claims related to the “Vesta Contract,
” claims premised on an oral promise to satisfy tax
debt, claims under “quasi contract, ” and claims
against Essex Management Corporation. Plaintiffs Danny Kim
and Big Construction Corporation oppose. Dkt. #21. For the
reasons stated below, this Motion is GRANTED.
is a Motion for only partial summary judgment, the Court will
detail only those limited facts relevant to the claims at
are a construction company and its president Danny Kim.
Defendants are owners of various multi-family housing
complexes in Western Washington.
February 20, 2013, Defendants Western-Blossom Hill Investors
and Western-Los Gatos I Investors entered into a construction
agreement with Plaintiff Big Construction to renovate the
kitchen and bath areas of 10 residential units in a
multi-family housing complex known as “The Elliot at
Mukilteo, ” located in the city of Mukilteo,
Washington. See Dkt #18-1. This was a unit-priced
contract (priced by the completion of each residential unit)
with a maximum value of $119, 309.87. Id.
April 11, 2013, these same Defendants entered into a second
construction agreement with Big Construction to perform
kitchen and bath renovations in another 60 units at The
Elliot. See Dkt #18-2. This contract was also a
unit-priced agreement with a maximum value of $721, 021.80.
Id. For both of these contracts, Plaintiff Danny Kim
signed on behalf of Big Construction. Mr. Kim executed a
“Delegation of Signatory Authority” document
stating that he is the president of Big Construction and
therefore authorized to sign on behalf of that company. Dkt.
#18-1 at 26.
March 13, 2013, a different Defendant, Essex Redmond Hill NE,
L.P., entered into a construction agreement with Big
Construction to perform full unit renovations in a
multi-family housing complex known as “The Vesta,
” located in the city of Redmond, Washington.
See Dkt #18-3. The scope of work included supplying
and installing new cabinets, countertops, doors, and
accessories, and performing some millwork, minor drywall
repairs, painting, and aesthetic upgrades. See id.
This agreement was a unit-priced arrangement for up to 105
units with a maximum contract value of $1, 525, 104.15.
Id. Plaintiff Danny Kim signed on behalf of Big
around June 9, 2014, Big Construction executed an
Unconditional Final Lien Waiver and Release for the entire
Vesta project, acknowledging that it had “been paid in
full for all labor, services, materials and equipment that it
supplied for the Project and Property.” Dkt. #18-4. Big
Construction “unconditionally waive[d] and release[d]
any and all liens, claims of lien, rights to lien, stop
notices, rights to submit stop notices, suits, demands,
claims, protests, damages, losses and expenses of any nature
whatsoever (whether under statute, in equity or otherwise and
whether received through assignment or otherwise)”
against the owner of the property and all of its affiliates.
Id. Big Construction separately acknowledged and
notarized the release.
Management Corporation is listed as the owner's agent for
construction management and administration purposes in both
the Elliot Contracts and the Vesta Contract, but Essex
Management Corporation is not a signing party to these
Termination for Cause
Defendants terminated the Vesta Contract and other contracts
with Big Construction on May 15, 2014. See Dkt.
#18-5. The termination letter detailed certain units to be
completed before the relationship was terminated. The letter
cites several reasons for terminating the contracts, none of
which are at issue at this time.
Plaintiff Files Suit
Danny Kim and Big Construction filed this action in King
County Superior Court on November 13, 2018. See Dkt.