OK JOO KIM VS. CHONG KUN PAK, ET AL.

Tentative Rulings

Case Number: ****8916    Hearing Date: December 19, 2019    Dept: A

# 8. Ok Joo Kim v. Chong Kun Pak, et al.

Case No.: ****8916

Matter on calendar for: Motion to be Relieved as Counsel

Tentative ruling:

1. Background

   This action is based on fraud. Plaintiff Ok Joo Kim, in pro per, alleges that defendants Chong Kun Pak and T-Rage Corp. provided her with checks that were either returned for insufficient funds or otherwise not honored by the bank. Kim seeks $134,000 in damages.

   Defense counsel David Marh now moves to be relieved as counsel for Defendants Chong Kun Pakand T-Rage Corp.. The motions are unopposed.

   For the reasons set forth below, the Court grants the motions.

2. Standard

Code of Civil Procedure ; 284(2) provides that “[an] attorney in an action or special proceeding may be changed at any time before or after judgment or final determination…upon the order of the court, upon the application of either client or attorney, after notice from one to the other.” Additionally, attorneys seeking to be relieved as counsel must comply with California Rule of Professional Conduct 1.16 in seeking to be relieved.

A motion to be relieved as counsel must comport with California Rules of Court Rule 3.1362. The Rule requires the notice of motion and motion to be on the Judicial Council of California form MC-051, and the accompanying declaration to be on form MC-052. The proposed order must be form MC-053.

1. Analysis

   Counsel has provided the necessary forms (MC-051 and MC-052) and served the motion on the clients. The declaration cites to a failure of Defendants to pay counsel’s required fees. Trial in this matter is set for January 31, 2020. Accordingly, the motion to be relieved is granted.

2. Ruling

   The motion to be relieved as counsel is granted. Withdrawal is effective upon counsel’s service of the signed order upon his clients.

   Next dates:

   Notice:

Case Number: ****8916    Hearing Date: December 05, 2019    Dept: A

# 11. Ok Joo Kim v. Chong Kun Pak, et al.

Case No.: ****8916

Matter on calendar for: Motion to be Relieved as Counsel

Tentative ruling:

1. Background

   This action is based on fraud. Plaintiff Ok Joo Kim, in pro per, alleges that defendants Chong Kun Pak and T-Rage Corp. provided her with checks that were either returned for insufficient funds or otherwise not honored by the bank. Kim seeks $134,000 in damages.

   Defense counsel David Marh now moves to be relieved as counsel for Defendant Chong Kun Pak. The motion is unopposed.

   For the reasons set forth below, the Court grants the motion.

2. Standard

Code of Civil Procedure ; 284(2) provides that “[an] attorney in an action or special proceeding may be changed at any time before or after judgment or final determination…upon the order of the court, upon the application of either client or attorney, after notice from one to the other.” Additionally, attorneys seeking to be relieved as counsel must comply with California Rule of Professional Conduct 1.16 in seeking to be relieved.

A motion to be relieved as counsel must comport with California Rules of Court Rule 3.1362. The Rule requires the notice of motion and motion to be on the Judicial Council of California form MC-051, and the accompanying declaration to be on form MC-052. The proposed order must be form MC-053.

1. Analysis

   Counsel has provided the necessary forms (MC-051 and MC-052) and served the motion on the client. The declaration cites to a failure of Defendant to pay counsel’s required fees. Trial in this matter is set for January 31, 2020. Accordingly, the motion to be relieved is granted.

2. Ruling

   The motion to be relieved as counsel is granted. Counsel to provide the proposed order (MC-053) form.

   Next dates:

   Notice: