Judge: Cherol J. Nellon, Case: 23STCV15892, Date: 2025-02-20 Tentative Ruling
Case Number: 23STCV15892 Hearing Date: February 20, 2025 Dept: 14
#6
Case Background
Plaintiff alleges that he started a restaurant and bar
venture with his ex-wife and her family. His claim is that his ex-wife
separated from him within hours of closing escrow on the premises for the
venture, and that the other partners promptly cut him out of the deal.
On October 10, 2023, Plaintiff filed his First Amended
Complaint (“FAC”) for (1) Fraud, (2) Conversion, (3) Violation of Penal Code
§ 496, (4) Breach of Fiduciary Duty, (5) Unjust Enrichment, (6)
Accounting, (7) Breach of Contract, and (8) Declaratory Relief against
Defendants Leann Jones aka Leann Radochonski (“Leann”), Leslie Jones
(“Leslie”), Glenn Zardes (“Zardes”), and JDZ Venture Group 1, LLC (“JDZ”), and
DOES 1-20.
On October 10, 2023, Plaintiff filed a First Amended
Complaint (FAC). On the same day, Plaintiff dismissed Defendants Lia Jones-Dias
LC Venture Group 2, LLC and Oakhurst Income Fund 1 LP.
On February 8, 2024, Plaintiff dismissed his second
cause of action.
On March 25, 2024, Defendants Leann, Leslie, and Zardes
filed a Cross-Complaint.
On December 30, 2024, Sarah Matz, Counsel for
Defendants Leann, Leslie, Zardes, and JDZ, filed these motions to be relieved
as counsel.
Instant Pleading
Counsel Sarah Matz moves to be relieved as counsel for
Defendants Leann, Leslie, Zardes, and JDZ.
Decision
The motions to be relieved as counsel filed by Counsel
Sarah Matz as to Defendants Leann, Leslie, and Zardes are GRANTED. The orders
granting the motions are effective upon
the filing of the proof of service of the signed order upon these clients.
The motion to be relieved as counsel for Defendant JDZ
will be granted once Counsel files an amended MC-053. Counsel must file the
amended form within 10 days of this order.
The orders granting the motions are effective upon the filing of the proof
of service of the signed order upon these clients.
Legal Standard
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 completed the required forms. Those forms
indicate that Counsel served Defendants via mail at their last known addresses
which she could not confirm were current. Counsel made reasonable efforts to
confirm Defendants’ addresses by searching public records, emailing them, and
exchanging texts with them at least 30 days before the hearing on this matter. Counsel
alleges Defendants have failed to pay for her services since January 2024.
Form MC-053 for Defendant JDZ is incomplete because it
lacks a phone number. Counsel must file an amended MC-053 as to Defendant JDZ within
10 days of this order.
Counsel otherwise complied with the requirements of
Rule 3.1362, and relief is appropriate under the circumstances of this case.
Conclusion
The motions to be relieved as counsel filed by Counsel
Sarah Matz as to Defendants Leann, Leslie, and Zardes are GRANTED. The orders
granting the motions are effective upon
the filing of the proof of service of the signed order upon these clients.
The motion to be relieved as counsel for Defendant JDZ
will be granted once Counsel files an amended MC-053. Counsel must file the
amended form within 10 days of this order.
The orders granting the motions are effective upon the filing of the proof
of service of the signed order upon these clients.