Judge: Virginia Keeny, Case: 18VECV00352, Date: 2022-08-18 Tentative Ruling

Case Number: 18VECV00352    Hearing Date: August 18, 2022    Dept: W

JOSEPH LEONARDI V. SALOMAN KIM

MOTION TO BE RELIEVED AS COUNSEL

Date of Hearing:          August 18, 2022                      Trial Date:       May 22, 2023

Department:               W                                             Case No:          18VECV00352

Moving Party:             Nada Dhahbi, counsel of record for Defendant Soloman Kim

Responding Party:       None.

Notice:                         Proper

FACTUAL BACKGROUND

Plaintiffs Joseph Leonardi and Defendant Soloman Kim entered into a contract for a loan of $20,000.00 from Plaintiff to Defendant. Defendant accepted the amount of $20,000.00 from Plaintiff in exchange that he would repay Plaintiff in 90 days, with 10% interest. Plaintiff made two (2) additional loans to defendant in the amounts of $20,000.00 (Twenty Thousand Dollars) on December 15, 2017, and $20,000.00 (Twenty Thousand Dollars) on January 20, 2018, totaling $60,000.00 (Sixty Thousand Dollars), plus ten percent (10%) interest from plaintiff that defendant promised and represented to repay these loans over ninety (90) days period of time from issuance of each respective loan.

Three (3) loans were made by Plaintiff solely on the agreement between plaintiff and defendant, that defendant would repay $60,000.00 (Sixty Thousand Dollars) plus ten percent (10%) interest. The maturity date was scheduled for April 20, 2018, at which time all unpaid principal and interest thereon became due. On April 21, 2018, defendant defaulted.

On December 21, 2018, Plaintiff Joseph Leonardi filed a Complaint against Defendants Soloman Kim and Does 1 through 25, asserting claims for 1) Fraud; 2) Breach of Oral Agreement; 3) Conversion; and 4) Unjust Enrichment.

On July 22, 2022, Nada Dhahbi (“Counsel”) filed the instant motion to be relieved as counsel for Defendant Soloman Kim. Defendant does not oppose. 

TENTATIVE RULING: GRANT

Counsel seeks to be relieved on the grounds there has been a breakdown in the attorney-client relationship and an inability to communicate with the Defendants.

Counsel has complied with the requirements of CRC Rule 3.1362 by filing forms MC-051 and MC-052 and has declared that the client was served by mail at the last known address.  However, Counsel has failed to lodge the Court with a copy of the proposed order on form MC-053 as to the Defendant.   

Accordingly, the Motion to be Relieved as Counsel for Defendant Soloman Kim is GRANTED, subject to counsel submitting the completed proposed Order with future dates.