Dotts said Kim “arguably has a malpractice action, assuming arguendo, that what she has alleged is true. [She] also arguably has a claim for breach of lease and even for conversion, again assuming arguendo, that what she has alleged is true. [She] however does not have a RICO cause of action even if everything she has alleged is true.”
Dotts said the case stemmed from the friendship between attorney Ramon Quichocho, his wife Frances, and their client Kim, “and the dramatic end of that friendship.”
Kim sued the Quichochos last Dec. 18, 2009 for nine separate causes of action.
Dotts said his motion seeks to eliminate the three RICO causes of action from the case “because very clearly, even assuming arguendo that everything …Kim has alleged is true, this is not a RICO case.”
The defendants move to dismiss the attorney malpractice, breach of lease action, and conversion claims, Dotts said.
Kim is involved in the business of operating poker machines. Her former husband, Choi Byiong Seob, has claimed ownership of the same poker machines that Kim claimed she owns, Dotts said.
The ongoing divorce proceedings between Choi and Kim that will determine who owns the poker machines has been “extremely contentious,” Dotts said.
Kim was represented by another lawyer for those proceedings, and sought the assistance of attorney Quichocho in 2007 on behalf of corporations she claimed interests in, against Choi’s family members, with regard to labor claims and other issues, Dotts said.
From providing legal assistance, a friendship develop between attorney Quichocho’s wife Frances and Kim that led to the pursuit of a joint venture on Rota involving poker machines, which later developed problems.
“The problems on Rota were extensive and [Kim] has given a false version of the facts in the complaint regarding what happened. [Kim] also left out from her complaint the complete story of what happened,” Dotts said.
