Judge: Cherol J. Nellon, Case: 24STCV17694, Date: 2025-01-30 Tentative Ruling
Case Number: 24STCV17694 Hearing Date: January 30, 2025 Dept: 14
#6
Case Background
This is an action for breach of contract, breach of
fiduciary duty, intentional misrepresentation, negligent misrepresentation, and
unfair business practices. Plaintiffs allege that they were members of a
non-profit organization, the People Who Care Youth Center (PWC), which suffered
from financial problems. Plaintiffs allege that when they took out a loan from
Defendants, Defendants’ bookkeeper manipulated ledgers to erase payments made
by PWC to allow Defendant Danco to foreclose on properties owned by PWC.
On July 16, 2024, Plaintiffs Michelle Mcarn and Eric
Radley filed their Complaint against Defendants Danco, Inc., Ronald Perlstein,
Daniel Perlstein, and Iris Botega.
On December 30, 2024, Matthew Abbasi, counsel for
Plaintiffs, filed this motion to be relieved as counsel.
Instant Pleading
Counsel for Plaintiffs, Matthew Abbasi, moves to be
relieved as counsel for Plaintiffs.
Decision
The motion to be relieved as counsel filed by Counsel
Matthew Abbasi will be granted once Counsel has filed an updated form MC-053
for each Plaintiff, effective upon
the filing of the proof of service of the signed order upon the client.
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 Plaintiffs at their last known address which he
confirmed was current via telephone, at least 30 days before the hearing on
this matter. Counsel represents there has been a breakdown of the working
relationship with Plaintiffs and that he is willing to provide further
information at the hearing on this matter.
Counsel complied with the requirements of Rule 3.1362,
and relief is appropriate under the circumstances of this case. However,
Counsel failed to fill in Item 6 of form MC-053 with his clients’ addresses and
phone numbers. The motion to be relieved as counsel filed by Counsel Matthew
Abbasi will be granted once Counsel has filed an updated form MC-053, effective upon the filing of the proof
of service of the signed order upon the client.
Conclusion
The motion to be relieved as counsel filed by Counsel
Matthew Abbasi will be granted once Counsel has filed an updated form MC-053
for each Plaintiff, effective upon
the filing of the proof of service of the signed order upon the client.