The plaintiff, Tegan Adams, brought a motion for partial summary judgment against Ruth Chun and Chun Law Professional Corporation, alleging breach of fiduciary duty, breach of contract, and professional negligence.
The motion specifically sought a finding of breach of fiduciary duty or, in the alternative, the existence of a fiduciary relationship.
The court dismissed the motion, finding the evidentiary record incomplete and inadequate for summary judgment, particularly due to a lack of documentary discovery, examinations for discovery, and necessary witness testimony, as well as significant credibility issues.
The court emphasized that the existence of a fiduciary duty could not be bifurcated from the broader issues of the case.