Bread Factory lawsuit against SMC thrown out

The case against Santa Monica College filed by former Bread Factory owner Soo Jeong Pak was thrown out by the Santa Monica courts Tuesday morning.

The latest hearing took place at the Santa Monica Courthouse where Pak again failed to make an appearance. In her place was court appearance attorney Kevin Jang. This has been a common practice by Pak and has been a source of frustration for both Judge Gerald Rosenberg and SMC attorney Louis Dumont who was also present at the hearing.

The key issue that arose immediately during the hearing was the fact that Pak had not filed proper paperwork in accordance with government code. When the Bread Factory was expelled by court order from SMC in December 2013 for failing to pay rent, Pak decided to sue the college claiming it had been conspiring behind her back with the current owner of Eat Street restaurant.

Pak and Hannah An, the owner of Eat Street, had formed a partnership to form a joint company named Eatology. Pak's suit against SMC claimed that the college conducted business dealings with An behind her back as part of a scheme for An to obtain control of Eatology.

Ahead of the hearing, Robert M. Myers, Campus Counsel at the Human Resources department, stated through e-mail that, "Ms. Pak's allegations in her lawsuit are incoherent and have no basis in reality." He went on to state that "The simple fact is that she does not pay her bills."

The hearing lasted no more than five minutes with Rosenberg immediately pointing out that Pak had not filed a proper Petition for relief, or other claims paperwork on time. When a lawsuit is filed the individual carrying out the suit must inform the plaintiff or seek a petition for relief within six months.

Because Pak claims the conspiracy involving SMC and Eat Street took place around the years 2009 and 2010, too much time has lapsed to make a proper filing.

"Ms. Pak has had numerous lawsuits filed against her by creditors and has tax liens filed against her by government entities," Myers said.

During the hearing, Rosenberg continuously asked Jang why his client did not appear and continued to fail in filing proper paperwork. Jang was at a loss for words.

Now that the case has been thrown out, Pak will continue to owe SMC around $74,000 and additional filing fees might be added as a result of Tuesday's ruling.