Judge: Michael Shultz, Case: TC029210, Date: 2022-12-06 Tentative Ruling

Case Number: TC029210    Hearing Date: December 6, 2022    Dept: A

TC029210 Kris Park v. Chul Woong Chung, et al.

Tuesday, December 6, 2022 at 8:30 a.m.

[TENTATIVE] ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL OF RECORD FOR DEFENDANT, MINKYU KIM

This is a derivative action filed by Plaintiff, Kris Park, on behalf of SIWY Denim, Inc. (“SIWY”). Plaintiff alleges that Defendants conspired to embezzle funds from SIWY. Plaintiff alleges claims for: (1) breach of fiduciary duty, (2) conversion, (3) constructive trust, (4) concealment, and (5) declaratory relief.

Kenneth T. Haan, counsel for Defendant, Minkyu Kim, filed this motion on November 8, 2022, for an order to be relieved as Kim’s counsel because of the client’s failure to communicate with counsel. Counsel served the motion on the client by mail and email correspondence, at addresses confirmed by telephone and email 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. The order is effective upon the filing of the proof of service of the signed order upon the client.