Judge Cynthia A Freeland, Case 37-2022-00034221-CU-BC-NC 2023-12-15 Tentative Ruling

Judge: Cynthia A Freeland, Case: 37-2022-00034221-CU-BC-NC, Date: 2023-12-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - December 14, 2023

12/15/2023 01:30:00 PM N-27 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Cynthia A. Freeland

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Civil - Unlimited Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00034221-CU-BC-NC BEAR VALLEY 2005, LLC V. LOHSHE2, LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Be Relieved as Counsel of Record, 08/21/2023

Ramin Azadegan and Azadegan Law Group, APC (collectively, 'Movants')'s motion to be relieved as counsel for Plaintiffs Bear Valley 2005, LLC and Joseph Michael (collectively, 'Plaintiffs') is granted.

The court dismisses this action without prejudice.

The court construes Plaintiffs' lack of opposition as a concession of the motion's merits. See San Diego Rules of Court, Rule 2.1.19.B. In addition, Movants represent that irreconcilable differences have arisen owing to Plaintiffs' conduct which has impeded Movants' ability to effectively represent Plaintiffs in this matter. The foregoing constitutes grounds to grant the motion. See Cal. R. Prof. Conduct 1.16(b)(4). The court further finds that Movants have complied with California Code of Civil Procedure § 284(2) and California Rules of Court, Rule 3.1362. The order relieving Movants as counsel shall be effective once Movants file with the court proof of service of the signed order upon Plaintiffs at Plaintiffs' last known address. See Cal. R. Ct. 3.1362(e).

In addition, on May 11, 2023, Plaintiffs filed a Notice of Settlement indicating that the entire case has been unconditionally settled. See ROA No. 25. The Notice of Settlement states that a request for dismissal would be filed within 45 days of May 8, 2023, or by June 22, 2023. That same day, the court issued a Notice of Dismissal stating that the case would be deemed dismissed without prejudice on June 26, 2023 if the parties failed to either: (1) file a judgment or dismissal, or (2) appear ex parte in Department 27 showing good cause for why the case should not be dismissed. See ROA No. 27.

Neither of the foregoing occurred. Consequently, the court dismisses this action without prejudice.

In light of the foregoing, the court: (1) grants Movants' motion to be relieved as counsel for Plaintiffs, and (2) dismisses this action without prejudice.

This is the tentative ruling for the hearing at 1:30 p.m. on Friday, December 15, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of December 15, 2023.

If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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3010715