Oh v. Bell

Andrews, Judge.

George E. Bell brought an action against In Keuk Oh in superior court alleging malicious prosecution and breach of contract. Oh answered and moved for summary judgment on the basis that Bell failed to assert these claims as compulsory counterclaims in a prior magistrate court action brought by Oh against Bell in which Oh was granted a default judgment. We granted Oh’s application for an interlocutory appeal from the trial court’s denial of his motion for summary judgment.

Oh contracted to provide shoe repair services for Bell, who operated a leather goods business. In 1994 a…