Kim vs Sk Cuisine Corporation

Case No.: 37-2018-00053297-CU-BC-CTL    

Amended Tentative Ruling on Motion to Disqualify Counsel for Cross-Defendants Kim v. SK Cuisine, Case No. 2018-53297

July 26, 2019, 1:30 p.m., Dept. 72

1. Overview and Procedural Posture.

This case arises out of the parties' efforts to open and operate a sushi restaurant, Full Moon, in the Gaslamp Quarter of San Diego. The venture evidently suffered from extensive construction delays and cost overruns. The complaint, alleging breach of a 2012 partnership agreement, breach of fiduciary duty, fraud, and other claims, was filed in October of 2018. It was followed by the seven count FAC in February, 2019. ROA 8. Both the complaint and the FAC were filed on plaintiff Kim's behalf by attorney Mauriello.

Defendants answered and cross-complained in March of 2019. ROA 14-15. Attorney Mauriello is named as a cross-defendant. ROA 15, paragraph 6.