Judge: Christopher K. Lui, Case: 20STCV31674, Date: 2023-09-13 Tentative Ruling

Case Number: 20STCV31674    Hearing Date: September 13, 2023    Dept: 76

Pursuant to California Rule of Court 3.1308(a)(1), the Court does not desire oral argument on the motion addressed herein.  Counsel must contact the staff in Department 76 to inform the Court whether they wish to submit on the tentative, or to argue the matter.  As required by Rule 3.1308(a), any party seeking oral argument must notify ALL OTHER PARTIES and the staff of Department 76 of their intent to appear and argue.

Notice to Department 76 may be sent by email to smcdept76@lacourt.org or telephonically at 213-830-0776.

Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling.

            Plaintiffs allege that Defendants caused the Trust to incur sever tax liability in connection with a 1031 exchange transaction, and has failed to Plaintiff Park her 1/5 share of trust assets.

            The Court granted Defendants Heesook Kim and Hyun Kim’s motion for an order disqualifying attorney Jeff Katofsky and his law firm Katofsky Law from continuing to represent Plaintiff Hyun Jou Park in this action. The Court of Appeal affirmed the disqualification order.

TENTATIVE RULING

The hearing on Defendants Hesook Kim and Hyun Kim’s demurrer to the First Amended Complaint and motion to trike portions thereof is CONTINUED to October 6, 2023 at 8:30 a.m.. In the meet and confer declarations of Aaron B. Bloom, filed on November 13, 2020, he admits that he did not comply with the meet and confer requirement set forth in Civ. Proc. Code, § 430.41, with regard to the First Amended Complaint.

Defendants did not subsequently file any declarations regarding compliance with the meet and confer requirement prior to the hearing on this demurrer and motion to strike. Defendants are to meet and confer and file a declaration reflecting compliance by September 25, 2023.