2017-00218951-CL-CL

Mad Butcher Meat Co., Inc. vs. Chang Hyun Han

Nature of Proceeding: Writ of Attachment

Filed By: Eason, Matthew R.

Plaintiff Mad Butcher Meat Co.’s Application for a Right to Attach Order against Jason Kim is DENIED.

Plaintiff’s complaint, filed Sept. 13, 2017, alleges breach of contract and common counts against defendants Chang Hyun Han, Jin-He Choi, individually and d.b.a. Sizzling Fresh Mongolian BBQ and Does 1-10.

Plaintiff seeks to attach property of a Jason Kim aka Jon Kim who operates a restaurant known as Sizzling Fresh. (Shum Decl. para. 4) C.C.P., sec. 487.010

However, Jason Kim aka Jon Kim is not a named defendant to this action. No amended complaint or amendment to the complaint appears in the Court file.

Although Jason Kim attempted to file an Answer to the complaint as Doe 1, it was rejected by the Court Clerk on Jan. 3, 2018 on the grounds that “Jason Kim is not a party to the action. Per the Answer attached, he was named as ‘Doe 1’ but no Doe Amendments have been filed on this case.”

The Court has no jurisdiction over a non-party to the action.

The writ of attachment is denied.