Judge: Cherol J. Nellon, Case: 18STCV05452, Date: 2024-01-18 Tentative Ruling

Case Number: 18STCV05452    Hearing Date: January 18, 2024    Dept: 14

Medex Express Caregivers v. California Nonprofit Mutual Benefit 

Case Background

Plaintiff claims its predecessors bought a marijuana business from Defendant in 2008. Defendant went to prison for several years. When Defendant got out, Defendant started a new business with the exact same name and using the exact same tax certificate as the business he allegedly sold. Plaintiff, the current owner and operator of the previous business, objects to the starting of what it considers a copycat business.

On April 12, 2021, Plaintiff (alternatively referred to as “MedX Express”) filed its First Amended Complaint (“FAC”) for (1) Declaratory Relief and (2) Conversion against Defendants Virgil Edward Grant III (“Grant”), MedX Now, Inc. (“Second MedX”), and DOES 2-20.

On June 11, 2021, Defendants Grant and Second MedX filed their joint Answer.

On February 23, 2022, this court ordered the case bifurcated, with a bench trial on the first cause of action to precede a jury trial on the second cause of action.

Bench trial on the first cause of action proceeded from May 16-20, 2022. After further discussion with counsel, the court issued a statement of decision on August 16, 2022. The court found that (1) Plaintiff properly bought the entire business from Defendant Grant, including the name, (2) Plaintiff did not buy the tax certificate from Defendant Grant, instead opting to change the corporate form and obtain their own tax certificate, which they now use.

On December 19, 2022, Plaintiff filed its verified Second Amended Complaint (“SAC”) for (1) Declaratory Relief, (2) Conversion, (3) Possession of Personal Property, (4) Replevin, (5) Unfair Competition, and (6) Larceny against Defendants Grant, Second MedX, and DOES 2-50.

On January 17, 2023, Defendants Grant and Second MedX filed their joint Answer.

On April 14, 2023, counsel agreed to waive jury on the remaining claims.

Bench Trial on the remaining claims is currently set for April 8, 2024.

Instant Motion

Attorney Mark S. Hardiman (“Schwam”) now seeks to be relieved as counsel of record for Defendants Grant and Second MedX.

Decision

            The motion is GRANTED, effective upon the filing of the proof of service of the signed order upon the client.

Governing Rule

            California Rules of Court Rule 3.1362 requires that counsel fill out forms MC-051, MC-052, and MC-053. These forms serve two basic functions: (1) ensuring that notice is given to the client and (2) providing the court with an adequate explanation of why the matter is being handled via motion rather than mutual consent. See Code of Civil Procedure § 284; California Rules of Court Rule 3.1362.

Discussion

            Counsel Hardiman has completed the required forms. Those forms indicate that the client has been served by mail at an address that was confirmed current within the past 30 days via internet records search.

            Counsel Hardiman indicates that he and his firm wish to withdraw because their fees have not been paid.

            Counsel has complied with the requirements of Rule 3.1362, and relief is appropriate under the circumstances of this case. The motion is GRANTED, effective upon the filing of the proof of service of the signed order upon the client.