Lee v. Shim

The State Court had jurisdiction over the plaintiffs' claim for unjust enrichment, even though equity jurisdiction is vested in the Superior Courts, since the plaintiffs claims of money had and received and unjust enrichment, sought only damages, not equitable relief.

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The purchasers of a sports bar brought suit against the sellers and others, raising breach of contract and other claims in connection with their inability to obtain, in their own name, the proper licenses and permits necessary to run the establishment. The relevant agreements included protection for the purchasers for just such an event. The defendants denied liability, and a bench trial ensued. The trial court held in favor of the purchasers. The defendants now appeal. The factual findings of a court following a bench trial “shall not be set aside unless clearly erroneous”; in other words, the factual findings will be upheld if there is any evidence to support them. Gooch v. Tudor , 296 Ga. App. 414 674 SE2d 331 2009. Decisions on questions of law are reviewed de novo. Id. And the evidence shall be construed in favor of the trial court’s findings of fact. Realty Lenders, Inc. v. Levine , 286 Ga. App. 326, 326327 649 SE2d 333 2007.

So construed, the evidence shows the following: Daniel Lee, the primary defendant, is the son of Ran and Gamillo Lee. As of 2004, both of his parents owned corporations that owned entertainment establishments: Ran Lee owned RLee, Inc., which owned the “Impacto Sport Bar & Grill” located in Jonesboro; and Gamillo Lee owned a corporation named Jonesboro Billiards, Inc., which owned the “Corona Restaurant & Billiards.” Daniel Lee ran those businesses for his parents, who can neither read nor write in English, and who knew nothing more about the businesses than that Daniel would ask them to sign documents from time to time. In a finding that has not been appealed, the trial court pierced both corporate veils and held that “Ran Lee, individually, RLee, Inc., Gamillo Lee, individually, and Jonesboro Billiards, Inc. were merely business conduits for their son’s fraudulent business behavior.”

Lee v. Shim

The State Court had jurisdiction over the plaintiffs' claim for unjust enrichment, even though equity jurisdiction is vested in the Superior Courts, since the plaintiffs claims of money had and received and unjust enrichment, sought only damages, not equitable relief.

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