Judge: Christian R. Gullon, Case: 21PSCV00840, Date: 2023-11-15 Tentative Ruling

Case Number: 21PSCV00840    Hearing Date: November 15, 2023    Dept: O

Tentative Ruling

Defense Counsel’s Motion to Be Relieved as Counsel is GRANTED, effective upon [see below].

Background

This is a disgorgement case. Plaintiff Dandan Liu alleges the following against Defendants BRYAN MOREIRA and THE MOREIRA EXCHANGE, LLC: The parties entered into an agreement for home improvement. However, despite compensation, the work was not completed. Additionally, Defendants are unlicensed contractors.

On October 31, 2021, Plaintiff filed suit.

On March 10, 2021, Plaintiff filed a FAC for 1. DISGORGEMENT PURSUANT TO BUSINESS AND PROFESSIONS CODE §7031 and 2. FRAUD AND INTENTIONAL DECEIT.

On June 29, 2022, Defendants filed their answer alleging the work was near completed but Plaintiff refused to pay the balance.

On April 11, 2023, Plaintiff filed the instant motion. That same day, the court issued the following minute order: The Court notes a Motion to Deem Request for Admissions Admitted has been reserved for 5/17/2023 at 10am. Defense has not yet retained counsel to represent The Moreira Exchange LLC. Defense is once again informed that the LLC will need to be represented by an attorney. The Court orders all parties to be present in court on the next court date.

On May 3, 2023, Defendants filed a substitution of attorney, indicating the Horowitz Law Firm, APC was retained.

On July 6, 2023 the court deemed the RFA motion moot.

On October 9, 2023, the court conducted an IDC and CMC.

On October 17, 2023, counsel filed the instant motion.

On October 23, 2023, the court issued the following minute order Re: Status Conference Re: Representation for Corporation The Moreira Exchange, LLC.; Case Management Conference: Pursuant to the request of defendant, the Status Conference Re: Representation for Corporation The Moreira Exchange, LLC. scheduled for 10/23/2023 is continued to 11/15/2023 at 10:00 AM in Department O at Pomona Courthouse South. Order to Show Cause Re: Why the Court Should not Strike Defendant's Answer is scheduled for 11/15/2023 at 10:00 AM in Department O at Pomona Courthouse South. Pursuant to the request of defendant, the Case Management Conference scheduled for 10/23/2023 is continued to 12/12/2023 at 09:00 AM in Department O at Pomona Courthouse South.

Discussion

Counsel Horowitz seeks to be relieved as counsel for both the individual and corporate Defendants as there has been a breakdown in the attorney-client relationship. Specifically, Counsel explains that the client has breached the client-fee agreement, is not following the attorneys’ advice, and is not sufficiently responsive to counsel’s attempts to communicate. (See generally MC-052 form.)

As Defense Counsel has complied with all California Rules of Court Rule 3.1362 (filed MC-051, 052, and 053 forms), has appropriately served Plaintiff and Defendants, and there are no substantive motions on calendar that would raise concerns of imminent prejudice, the court grants the motion.

Conclusion

Based on the foregoing, Defense Counsel’s Motion to Be Relieved as Counsel is GRANTED, effective upon serving this court’s order relieving Counsel sent to Plaintiff, Defendants, and all other parties who have appeared in the case.