Judge Daniel M. Crowley, Case Number: 21STCV24843, Date: 2025-02-05 Tentative Ruling

All parties are urged to meet and confer with all parties concerning this tentative ruling to see if they can reach an agreed-upon resolution of their matter.  If you are able to reach an agreement, please notify the courtroom staff in advance of the hearing if you wish to submit on the tentative ruling rather than argue the motion by notifying the court by e-mailing the court at: SMCDEPT71@lacourt.org. Do not click on the email address, either copy and paste it or type it into your email. Include the word "SUBMITS" in all caps and the Case Number in the Subject line. In the body of the email, please provide the date and time of the hearing, your name, your contact information, the party you represent, and whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, intervenor, or non-party, etc.

            Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may still appear at the hearing and argue the matter, and the court could change its tentative based upon the argument.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If you submit, but still intend to appear, include the words "SUBMITS, BUT WILL APPEAR" in the Subject line.

            If you elect to argue your matter, you are urged to do so remotely, via Court-Connect. If the moving party fails to appear and/or submit to the Court’s tentative ruling, the Court will take the matter off calendar.

            Note that once the Court has issued a tentative, the Court has the inherent authority not to allow the withdrawal of a motion and to adopt the tentative ruling as the order of the court.

If you submitted a courtesy copy of your papers containing media (such as a DVD or thumb drive), unless you request the return of the media in your papers, the court will destroy it following the hearing of your matter.

Plaintiff Bear Valley 2005, LLC’s Counsel, Arthur Carvalho, Jr.’s and Hanigan & Carvalho, LLP’s, Motion to Be Relieved as Counsel is granted.

On July 6, 2021, Plaintiff Bear Valley 2005, LLC (“Bear Valley”) (“Plaintiff”) filed its initial Complaint against Defendant Mechanics Bank (“Mechanics Bank”) (“Defendant”). On February 23, 2023, Plaintiff filed its first amended complaint. On July 18, 2024, Plaintiff filed the operative second amended complaint. On October 10, 2024, Defendant filed its Answer to the operative pleading.

On January 2, 2025, Plaintiff’s counsel, Arthur Carvalho, Jr. and Hanigan & Carvalho, LLP, filed the instant Motion to be Relieved as Counsel.

California Rule of Court rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1) (made on the Declaration in Support of Attorney’s Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil form (MC-053)).

The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client, and it does not disrupt the orderly process of justice. (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)

Counsel has submitted completed MC-051, MC-052, and MC-053 forms. Counsel has provided a declaration stating Plaintiff no longer responds to counsel’s attempts at communication, and that Plaintiff has breached the retainer agreement by failing and refusing to pay for legal fees or costs billed by counsel. (See Decl. of Carvalho.) Counsel has indicated that Plaintiff was served with copies of the motion papers filed with the declaration at Plaintiff’s last known address and Counsel confirmed that the address is current by checking the California Secretary of State Website, wherein Plaintiff filed a Statement of Information on September 4, 2024, indicating it had changed its address to 10880 Wilshire Blvd., Suite 1440, Los Angeles, CA. (See Decl. of Carvalho ¶3.) Counsel also declares that he served a copy of the motion papers by email to Plaintiff at the address used throughout his representation of Plaintiff. (See Decl. of Carvalho ¶3.)

Hon. Daniel M. Crowley

Judge of the Superior Court