Judge Michael Shultz, Case 22CMCV00130 2023-01-05 Tentative Ruling

Judge: Michael Shultz, Case: 22CMCV00130, Date: 2023-01-05 Tentative Ruling

Case Number: 22CMCV00130 Hearing Date: January 5, 2023 Dept: A

22CMCV00130 ICURE Pharmaceutical, Inc. v. SRAM and MRAM Resources Berhad, et al.

Thursday, January 5, 2023 at 8:30 a.m.

[TENTATIVE] ORDER GRANTING TWO MOTIONS TO BE RELIEVED AS COUNSEL FOR DEFENDANT, SRAM & MRAM RESOURCES BERHAD, BY COUNSEL, CHALOS & CO, P.C. AND KAYE, ROSE & PARTNERS, LLP

The First Amended Complaint alleges that on September 18, 2020, Plaintiff purchased medical grade, FDA approved, patient examination gloves (“Wnavi gloves”) from the SRAM Entities who are alleged to be suppliers and importers of medical gloves. The gloves did not conform to Plaintiff’s specifications as they were food grade. Plaintiff alleges claims for fraud, civil conspiracy, conversion (arising from the alleged non-conformity of the gloves), and for fraud, breach of contract, and unjust enrichment (arising from the warehouse storage costs paid by Plaintiff).

Kay, Rose & Partners, LLP; Bradley M. Rose; and Frank C. Brucculeri, filed this motion on December 6, 2022, for an order to be relieved as counsel for Defendant, SRAM and MRAM Resources Berhad. Chalos & Co, People’s Choice; Michael G. Chalos; and Briton P. Sparkman, as counsel pro hac vice for Defendant, SRAM and MRAM Resources Berhad file a separate motion for the same relief for the clien t’s failure to substantially fulfull its obligations regarding counsel’s services. The client no longer communicates with counsel.

All counsel served the motions on the client by mail at addresses confirmed by telephone and by the client’s website within the last 30 days. Counsel has also lodged a proposed order and served notice on all parties including the client.

Counsel has complied with the requirements of California Rules of Court, Rule 3.1362. Accordingly, the motion is GRANTED. All counsel are ordered to provide a proposed order forthwith, which shall not be effective until the filing of the proof of service of the signed order upon the client.