Tentative Ruling on Motion to Compel Discovery

Kim v. SK Cuisine, Case No. 2018-53297

Sept. 25, 2020, 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 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 2019. ROA 14-15. Attorney Mauriello was named as a cross-defendant. ROA 15, paragraph 6. He was later dismissed without prejudice. ROA 51. Other cross-defendants have answered. ROA 58.

At the March 22 CMC, defense counsel stated he had calendared a motion to disqualify M