TRO issued to remove barriers in front of poker arcade

Superior Court Associate Judge Wesley M. Bogdan has directed a couple to remove wooden barriers from in front of a building that houses a poker arcade in San Jose.

Bogdan ordered Byoong Seob Choi and his wife, Sin Hye Kang, to allow open access for Sunny Poker customers.

Bogdan issued the temporary restraining order against the couple at the request of Z&L Corp., which runs Sunny Poker at the Sablan Building in San Jose.

Z&L Corp., through Mark A. Scoggins, wants the court to convert the TRO later into a preliminary injunction.

A preliminary injunction hearing was set for last Wednesday.

Choi and Kang were directed not to interfere with Z&L’s ability to use and occupy Sunny Poker at the Sablan Building.

Bogdan also stopped Choi and Kang from taking any action that will interfere with Z&L Corp. and its agents and its customers’ ability access the poker arcade. Z&L claims that the couple’s action is harming its interest in the poker arcade.

According to Scoggins in the complaint, on Aug. 21, 2017, Z&L entered into a one-year commercial lease agreement with Sablan Enterprises to extend the company’s use of space at the Sablan Building from Oct. 15, 2017, to Oct. 15, 2018. Z&L paid several months for the space in advance.

Scoggins said that, on Oct. 9, 2017, Kang acquired a long-term leasehold interest in the Sablan Building.

Choi also has an interest in the leasehold in the Sablan Building, Scoggins said.

By letter dated Oct. 20, 2017, the lawyer said, Choi and Kang claimed that Z&L’s “right to possession of the premises has terminated” and demanded that the company vacate by Nov. 1, 2017.

Last Nov. 1, Z&L responded to the demand letter in writing, and informed the couple of Z&L’s lawful interest and intention to remain in the space.

Scoggins said no more than one hour after the letter was sent, defendants caused the electricity to be disconnected from Sunny Poker business.

Scoggins said the defendants also erected a physical barrier—a wooden structure blocking the parking lot and the entrance to Sunny Poker.

He said the barriers include a “Danger—Keep Out” sign directly in front of the poker shop entrance, and yellow caution tape down the length of the wooden structure.

Scoggins said Z&L demanded that power be restored but defendants responded that the Commonwealth Utilities Corp. had advised that the breaker box needed to be replaced.

Scoggins said inquiry with CUC showed this to be false, and that shutoff of the power had been at the defendants’ request.

Scoggins said power was restored to the poker room later in the afternoon of the same day, but despite repeated demands, the physical barrier and yellow caution tape has still not been removed.

Scoggins said it is defendants’ intention to evict Z&L and Sunny Poker.

Scoggins said that Z&L was forced to close the poker shop on the night of Nov. 1, 2017, in order to mitigate its damages.

Choi and Kang have claimed that they raised the barrier for safety reasons. Z&L does not believe it.