Deposition of man allegedly diagnosed with Alzheimer’s suspended

Superior Court Associate Judge Joseph N. Camacho yesterday granted a motion that seeks to suspend or withhold taking depositions of a woman and her father, Byung Deuk Lee, who is a 73-year-old Korean businessman allegedly diagnosed with Alzheimer’s disease and kept away from the rest of his family.

In granting Lee’s motion to stay discovery, Camacho said he was persuaded in large part by Lee’s point regarding how non-experts and family members deposing Lee help on the issue of competency.

Deposition refers to taking testimony of a witness outside of court.

Camacho also ordered plaintiffs Sang Hun Lee and Koom Nye Kim to file in writing their oral motion to conduct an independent medical examination on Lee.

Sang Hun Lee is the son of Kim and Byung Deuk Lee.

The mother and son are suing Ji Sook Lee, who allegedly removed Lee from a hospital in South Korea, where he was diagnosed with Alzheimer’s, kept him away from his family, then traveled to Saipan to control all of his businesses and property.

Ji Sook Lee is the half-sister of Sang Hun Lee and Young Shin Lee. She is daughter of Byung Deuk Lee.

Attorney Robert T. Torres, counsel for Lee, said his client is a Korean man’amko (senior citizen) and respected member of the Korean business community having lived here since the 1980s.

Torres said while he is in his senior years and has mild cognitive impairment, Lee is fine and lucid.

Torres said Lee continues to exercise his freedom to associate as he pleases and will continue to assert his rights in this matter.

Last Feb. 8, Lee was served with the summons, petition for guardianship, and complaint filed by plaintiffs Sang Hun Lee and Kim.

The following day, the counsel for plaintiffs Sang Hun Lee and Kim sent a notice to Torres for the depositions of Lee and his daughter, Ji Sook Lee.

Torres objected to the notice and subsequently filed a motion to stay discovery or for a temporary protective order when negotiation with plaintiffs’ counsel failed.

In Lee’s motion, Torres said his client is not requesting extraordinary relief in withholding discovery altogether as he is merely requesting that the initiation of discovery be stayed until after the pleadings have closed.

At yesterday’s hearing, Torres argued that the deposition was premature pending their responsive pleading and wonder how the proposed guardians, plaintiffs, can depose the person they are seeking to protect whom they say is incompetent.

In plaintiffs’ opposition, attorneys David G. Banes and Claire Smith argued that they need to depose Lee on the issue of his competency as well as matters relating to the company or businesses.

Banes noted that three medical institutions—two in Korea and one on Saipan—determined that Lee is not competent because he has Alzheimer’s and other cognitive and memory impairments.

“What are they hiding?” Banes kept on asking the question.

Torres said they provided a medical report that’s contrary to plaintiffs’ reports.

Torres said the plaintiffs have the burden in showing that Lee is not competent.

“It serves nothing than to harass Mr. Lee,” said Torres, referring to deposition.

Torres said the court should not allow the abuse of discovery process.

Smith said what they are trying to do is gather information so they can present to the court and get this thing resolved.

Banes said why they can’t depose even Ji Sook Lee when there is no allegation that she is not competent.

Banes added that this is a family matter.

“Let’s solve the family situation. This is tearing a family apart,” Banes said.

Torres said the plaintiffs should file a formal motion and do the right way pursuant to the rules.