Case 2:04-cv-02788-ABC-PLA Document 1132 Filed 04/17/13 Page 1 of 3 Page ID #:14849

1 LAW OFFICE OF ERIC HONIG, APLC Eric Honig - CA Bar No. 140765 2 P.O. Box 10327 Marina del Rey, CA 90295 3 erichonig@aol.com Telephone: (310) 314-2603 4 Fax: (310) 943-2220 5 Attorney for Claimants Christopher Kim, Bora Lee, Erica Kim, Young 6 Ai Kim and Se Young Kim (the Kim Claimants) 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION ) ) Plaintiff, ) ) v. ) ) REAL PROPERTY LOCATED AT 475 ) MARTIN LANE, BEVERLY HILLS, ) CALIFORNIA, ET AL, ) ) Defendants. ) _______________________________ ) ) CHRISTOPHER KIM, et al, ) ) Claimants. ) _______________________________ ) ) LAW OFFICE OF ERIC HONIG, ) APLC AND ERIC HONIG, and ) UNITED STATES OF AMERICA, ) ) Intervenors. ) ________________________________ )

11 UNITED STATES OF AMERICA,

25 Kim Claimants contended that following the presidential election in the Republic of 26 Korea, the Korean authorities would be likely to rule favorably on Christopher Kims 27 International Prison Transfer Request to the governments of the United States (which 28 has approved the request) and the Republic of South Korea. The Court found that the

On October 19, 2012 the Court continued the trial of this action because the

No. CV 04-2788-ABC (PLAx) (CONSOLIDATED CASES) No. CV 04-3386-ABC (PLAx) No. CV 05-3910-ABC (PLAx)

STATUS REPORT RE INTERNATIONAL PRISON TRANSFER REQUEST

Case 2:04-cv-02788-ABC-PLA Document 1132 Filed 04/17/13 Page 2 of 3 Page ID #:14850

1 possibility of Mr. Kim being able to testify at trial warranted a continuance. 2 The Courts February 20, 2013 minute order (Doc. No. 1100) ordered the Kim 3 Claimants to file a status report informing the Court of the status of the transfer 4 request. In response, on February 25, 2013, the Kim Claimants filed a report stating 5 that the newly-elected President of South Korea, Park Geun-hye, had just been 6 inaugurated that same day, and Mr. Kim had recently filed a petition requesting the 7 new administration to rule on the transfer request, a process he understood normally 8 would take approximately four months. The Kim Claimants expected that, now that 10 his petition and transfer request within that time (by about the end of June 2013). 11 Mr. Kim and his family, however, believe two matters will expedite his transfer 12 request. First, two days ago Mr. Kim received a report that he is diagnosed to be 13 suffering from basal cell carcinoma. He had been asking for an examination for the 14 last ten months because he contracted a discoloration on his face. The prison refused 15 to do anything and refused to have him be examined by a physician until very 16 recently, when the discolored area started to bleed. Prison officials sent him to a 17 physician only because they thought it was a mole that might needed removal. The 18 physician first removed the discolored area thinking it was a mole, but then realized 19 there may be more serious problems. He requested a biopsy, which revealed the 20 carcinoma. 21 9 the new President has been inaugurated, the South Korean government would rule on

22 and has not expressed any intention of providing him with further treatments. Mr. 23 Kim is aware of inmates who were transferred internationally within two months for 24 medical treatment and others who were transferred within a day. He does not have 25 any insurance for treatment in Korea and the prison does not have any facility or 26 capability to provide any treatment. With this diagnosis, Mr. Kim is extremely 27 depressed and distraught. Therefore, the Kim Claimants believe these facts should 28 expedite a transfer to a prison in the United States for treatment.
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Unfortunately, the prison is not providing him with any treatment for the cancer

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The second matter involves a civil lawsuit brought against Mr. Kim by an

2 Optional Capital, Inc. shareholder by the name of Seung Ja Shin based on the same 3 facts as in the present case (and as in the Optional v. Kim civil case, CV No. 04-28664 ABC), alleging embezzlement from Optional by Mr. Kim. The case is called the 5 Seoul Joong-Ang Ji-Bang court case no. 2012 4670. Mr. Kim prevailed at the trial 6 level and the plaintiff appealed. He expects the appellate court ruling to be announced 7 on April 19, 2013 (there is a court appearance scheduled for that date and he 8 understands the court will announce the ruling at that hearing). Assuming the 10 the second civil case brought against Mr. Kim in South Korea claiming the same 11 embezzlement in which Mr. Kim has prevailed (his family said the Supreme Court of 12 Korea in the other case affirmed a finding that Mr. Kim did not embezzle from 13 Optional). The Kim Claimants believe these two cases may convince the Korean 14 authorities to reduce his current sentence and will positively impact his transfer 15 request to the United States so that his request would be acted upon sooner than the 16 timetable referenced in the last status report. 17 19 20 21 22 23 24 25 26 27 28
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18 Dated: April 17, 2013

Respectfully submitted, LAW OFFICE OF ERIC HONIG, APLC /s/ Eric Honig ______________________________ ERIC HONIG Attorney for the Kim Claimants

9 appellate court affirms the trial court, according to Mr. Kims family this would be