Kim prevails in racketeering lawsuit against Quichocho, wife

A federal court jury rendered on Friday a unanimous verdict holding attorney Ramon K. Quichocho, his wife Frances, his law firm, and their company Karissa LLC liable to pay $2.4 million in damages to businesswoman Jung Ja Kim, who sued them for racketeering and other claims. 
The jury, however, found Kim liable to pay Quichocho and his law firm $48,221.67 in legal fees.

Kim prevailed in her eight claims and was awarded a total of $2,411,719.09.

The Quichochos prevailed on only one (legal fees) of their five counter-claims against Kim.

The nine jurors reached a unanimous verdict Friday noon, their sixth day of deliberations.

The trial began on Feb. 3. It was filled with unexpected events such as Frances being taken to the hospital in an ambulance after fainting on her way to the courtroom for the continuation of her cross-examination, and one juror failing to show up for deliberations after being involved in a car accident.

After the verdict was announced, the Quichochos refused to talk to the media and walked straight to their vehicle, accompanied by Reps. Janet Maratita (Ind-Saipan) and Larry Guerrero (Ind-Saipan), Felipe Atalig, Jose Taisague, and several others.

Attorney Michael Dotts, counsel for the Quichochos, said they’re disappointed with the verdict and are considering their next step.

“We have to digest it [verdict] and look at appellate rights. The jury did spend a lot of time in considering it and we’re appreciative of that. The court spent a lot of time with the case and we’re appreciative of that,” Dotts said. “We will see now what the next step is.”

Dotts said they have 28 days to file motions for reconsideration and for new trial. Once the court rules on that, there are 30 more days to appeal to the U. S. Court of Appeal for the Ninth Circuit.

Kim was joined by her counsels, Colin Thompson and Robert T. Torres, outside the court to face reporters.

Thompson said the jury worked hard and spent a lot of time sifting through the evidence. He said the verdict form was really complicated and that they’re very pleased with the result.

“We think that Ms. Kim’s claims are vindicated,” he said.

Thompson said they will address the appeal when it comes up.

Torres said the theme of the case is simply about repairing the harm. “We feel that the jury understood that and the verdict speaks volumes to that,” he said.

Torres said they appreciate the jury’s hard work as RICO (Racketeer Influenced and Corrupt Organization Act) is a difficult case to prove, much less for the jury to consider.

Torres said Kim has been vindicated in her complaint.

“We will walk out here appreciative of the jury’s decision,” said Torres in an interview with the media outside the courtroom.

As to question on how to collect the damages, Torres said they will present the Quichochos with the judgment and that the defendants have the obligation to satisfy them.

“The verdict is the judgment. Enforcing it and collecting it…obviously there may be some procedures, if necessary,” Torres said.

Kim filed the lawsuit in 2009. She asserted eight claims against the Quichochos and co-defendants: three counts of RICO, one count of legal malpractice: professional negligence, one count of legal malpractice: breach of fiduciary duty, one count of breach of lease, one count of conversion, and one count of fraud.

The Quichochos, the law office, and Tan Dingo LLC, also filed counterclaims against Kim for conversion, interference with marital relationship, unjust enrichment, quantum meruit, and fraud.

The jury awarded Kim $25,000 each for a total of $75,000 on her three RICO claims.

The jury awarded Kim $25,000 in damages for her legal malpractice claim, $48,221.67 in damages for her breach of fiduciary duty legal malpractice claim, and $667,042 and $1,551,828 in damages after finding that the Quichochos took for themselves the ownership of Tan Dingo LLC and Latte Stone LLC, respectively.

The jury determined that the Quichochos engaged in fraud and that Kim was the victim. The jury, however, did not award Kim damages or punitive damages on this claim.

The jury awarded Kim $10,993.55 and $10,083.87 in damages after finding that Quichocho’s law office and Frances failed to pay rent on the office space lease and on the residential lease.

The jury awarded Kim $23,550 for the removal of her property from the office space or the residential unit when the Quichochos moved out from the building in San Jose.

With respect to Ramon Quichocho and his law firm’s attorney’s fees claim based on quantum meruit and unjust enrichment, the jury sided with the Quichochos and awarded them $48,221.67.

The jury, however, sided with Kim on the Quichochos’ claim that Kim interfered with their marriage.

At the trial, Kim testified how the Quichochos hijacked her companies, Tan Dingo and Latte Stone LLC. She also testified that her then counsel, Ramon Quichocho, raped her twice in 2008 while she was on medication due to depression and anxiety. She, however, admitted she also had consensual sex with Quichocho and also revealed that she and the Quichochos twice had a threesome while she was drunk and under medication.

The Quichochos also testified, denying the threesome. Ramon Quichocho also denied raping or having sex with Kim.

Frances claimed it was Kim who made sexual advances on her four times.