Kim v. Garver

By Judge R. Terrence Ney

This matter came before the Court on September 17, 2010. After considering the pleadings, memoranda, and arguments of counsel, the Court took the matter under advisement. The following embodies the Court’s ruling.

Facts

On September 11, 2008, Plaintiff, Maria Kim, filed a Complaint against the Defendants (“Garver”) alleging Breach of Fiduciary Duty, Malpractice, Conversion, Restitution and Rescission, Money Had and Received, and Constructive Trust. Garver filed a Demurrer to all counts, except Count II: Malpractice. On February 9, 2009, the court sustained Garver’s…