Case details

Lawsuit: Social media used for defamation following altercation

SUMMARY

$566578.22

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On June 24, 2017, plaintiff Tammy Na and plaintiff Kyumin Chang were with their friends at a pool located on the rooftop of their apartment building, in Los Angeles, when an altercation began between them and another group of friends who were also at the pool. The incident escalated until an unopened beer can was thrown at Na and Chang. It was believed that either Joo Chan Kim or Hyun Joo Kim threw the can. Joo Chan Kim then posted a photo of Na on a Korean community page on Facebook with posts stating that Na “sleeps around,” along with other posts indicating the same. Na and Chang sued the Kims, as well as the owners and operators of the apartment building, CP IV G8 LLC and Greystar Real Estate Partners LLC. Na and Chang alleged that Joo Chan Kim assaulted them and that CP IV G8 and Greystar were liable for the altercation. Na also alleged that Joo Chan Kim defamed her. The Kims impleaeded Ryan Moon and Tony Moon, and they brought cross-complaints against the CP IV G8 and Greystar. The Kims alleged that the Moons’ actions constituted battery and assault, and that CP IV G8 and Greystar were liable for the altercation. The Kims alleged that the Moons were friends of Na and Chang and that the Moons hit them on the subject date. Hyun Joo Kim sustained three fractured teeth and contusions all over her body, requiring medical treatment. CP IV G8 and Greystar settled with Na, Chang and the Kims. As a result, the property operators where let out of both the initial complaint and the cross-complaint. A default judgment was also entered against Ryan Moon, and Tony Moon agreed to settle with Hyun Joo Kim. As a result, the cross-complaints against the Moons were dismissed. In addition, Hyun Joo Kim agreed to settle with Na and Chang, and Hyun Joo Kim was let out of the case. The matter proceeded to trial with Na and Chang’s claims against Joo Chan Kim only. However, Joo Chan Kim ultimately did not appear on the first day of trial, even though he was required to do so by the judge. As a result, Joo Chan Kim’s counsel was relieved., Na and Kim did not sustain any physical from the incident at the pool. However, they claimed that they each suffered emotional distress as a result of the incidents. Plaintiffs’ counsel contended that although the moderator on the Korean community Facebook page deleted Joo Chan Kim’s comments about Na, Joo Chan Kim continued to post 15 to 20 times more times after the initial posts were deleted.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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