Judge: David B. Gelfound, Case: 23CHCV03041, Date: 2024-08-12 Tentative Ruling

Case Number: 23CHCV03041    Hearing Date: August 12, 2024    Dept: F49

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F49

MOTION TO BE RELIEVED AS COUNSEL [2724]

Motion filed: 5/9/24

MOVING PARTY: Counsel Jilbert Tahmazian for Defendants Craftscape Creations, LLC and Craftscape Designs LLC (the “Counsel”)

RESPONDING PARTY: None.

NOTICE: OK.

RELIEF REQUESTED: An order relieving Counsel Jilbert Tahmazian as counsel as to Defendants/Cross-Defendants Craftscape Creations, LLC and Craftscape Designs, LLC only

TENTATIVE RULING: The motion is CONTINUED.

BACKGROUND

This action arises out of alleged contractual fraud.

On October 10, 2023, Plaintiffs Versailles Legacy Ventures LLC (“Versailles”), Aria West Management Inc. (“Aria”), and Calvin Alexander Kim (“Kim”) (collectively, “Plaintiffs”) filed a Complaint against ten named Defendants and Does 1 to 55, alleging 11 causes of action. Plaintiffs later substituted several Doe defendants with specific parties, including Shapell Industries, Inc., PRD Investors, LLC, PRD Investors, Inc., Aleshia Hoover, California Sunshine Landscape, Inc., Edward A Ibrahim, and Aleshia Hoover (“Hoover”). Subsequently, Defendants including Sosi Getzoian (“Getzoian”), Toll Brothers, Inc, Toll Brothers West Inc., Toll Brothers Real Estate, Inc, Porter Ranch Development Company, Great American Insurance Company, Shapell Industries, Inc., PRD Investors, LLC, PRD Investors, Inc., and Hoover, have since filed their respective Answers to the Complaint.

On November 14, 2023, Defendant/Cross-Complainant Great American Insurance Company (“GAIC”) filed a Cross-Complaint in Interpleader against Versailles, Aria, Kim, Kirk Karamanoukian, Camil Montealegre, Tina Vaziri (“Vaziri”), Lisa Hannig (“Hannig”), and Roes 1 through 50. Subsequently, GAIC filed amendments to cross-complaint, substituting Roes 1, 2, 3, 5, 6, and 7 with each’s true name. Subsequently, Cross-Defendants Kim, Versailles, Hannig, Aria, Vaziri, Franciso Navarro, Iris Navarro, and Yosi Yahoudai (“Yahoudai”) filed their respective Answers to the Cross-Complaint filed by GAIC. 

On January 18, 2024, Defendant/Cross-Complainant Getzoian filed a Cross-Complaint against Craftscape Design LLC, Hoover, Craftscape Creations LLC, and Allen Michael Abraham for Damages and Equitable Relief.

On February 22, 2024, Cross-Defendant/Cross-Complainant Yahoudai filed a Cross-Complaint against GAIC for Recovery against Contractors Licenses Bond against License Bond Principals and License Bond Sureties.

 On May 9, 2024, Counsel filed the instant Motion to be Relieved as Counsel as to Defendants/Cross Defendants Craftscape Creations, LLC and Craftscape Design LLC (the “Motion”).

            No Opposition papers have been received by the Court.

ANALYSIS

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (Code Civ. Proc. § 284, subd. (2).) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) An application to be relieved as counsel must be made on Judicial Council Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).)

            In addition, California Rules of Court, rule 3.1362, subsection (d) requires that the notice of motion and motion, declaration, and proposed order be served on the client and all other parties who have appeared in the case by personal service, electronic service, or mail. If the notice is served by mail, it must be accompanied by a declaration stating facts showing that either:

            (A) The service address is the current residence or business address of the client; or

(B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.

            (Cal. Rules of Court, rule 3.1362(1)(A) & (2).)

Here, Counsel has filed Judicial Council Forms MC-051 and MC-052. Counsel has also lodged Judicial Council Form MC-053 with the Court.

Counsel has provided a declaration stating that the Motion is necessitated by the reason that “Mr. Allen Abraham, Chief Executive Officer of Craftscape Creations LLC, and Craftscape Designs LLC has failed to abide by the obligations contained in my employment contract for attorney services on behalf of Craftscape Creations LLC, and Craftscape Designs LLC. By not doing so, my representation of Craftscape Creations LLC, and Craftscape Designs LLC is no longer sustainable. Craftscape Creations LLC, and Craftscape Designs LLC simply cannot afford to make payments towards my fees; therefore, my office and myself cannot continue working for free as it is causing a hardship on my firm.” (MC-025, ¶ 2.)

The Court finds Counsel’s reasons for seeking relief to be satisfactory. Counsel states in his declaration that the Motion was served by mail at the clients’ last known address. (MC-052, ¶ 3(a)(2).) Additionally, Counsel has confirmed “by conversation” that this address is current. (Ibid.) Proof of Service has been attached to the Motion papers, demonstrating proper service on Craftscape and all other parties who have appeared in the case.

However, Counsel has not submitted Proof of Service, demonstrating proper service on both Craftscape Creations, LLC and Craftscape Design LLC.

Counsel indicates on the MC-052 and MC-053 forms that the next hearing scheduled for this action is a Case Management Conference set for May 28, 2024, in this department. (MC-052, ¶ 4.) A jury trial is not yet set. (Id. ¶ 6.)) Since this date has passed, the information needs to be updated to reflect the future hearing dates and places.

Based on the foregoing, the Court CONTINUES the Motion to be Relieved as Counsel, subject to the condition that Counsel submits Proof of Service, and an updated MC-053 form, reflecting all future hearing dates and places.

CONCLUSION

Defendant Craftscape Creations, LLC’s Counsel Jilbert Tahmazian’s Motion to be Relieved as Counsel is CONTINUED.

Moving counsel to give notice.

LOS
ANGELES SUPERIOR COURT

NORTH
VALLEY DISTRICT

DEPARTMENT
F49

MOTION TO BE RELIEVED AS COUNSEL
[1137]

Motion
filed: 5/10/24

MOVING PARTY: Counsel Chi Leung Ip and Law Offices
of Edward C. Ip & Associates, APC for Plaintiffs/Cross-Defendants
Versailles Legacy Ventures LLC, Aria West Management Inc., and Calvin Alexander
Kim (the “Counsel”)

RESPONDING PARTY: None.

NOTICE: OK.

RELIEF
REQUESTED: An
order relieving Counsel Chi Leung Ip and Law
Offices of Edward C. Ip & Associates, APC for Plaintiffs/Cross-Defendants
Versailles Legacy Ventures LLC, Aria West Management Inc., and Calvin Alexander
Kim

TENTATIVE
RULING: The
motion is GRANTED, subject to a condition.

BACKGROUND

This action
arises out of alleged contractual fraud.

On October
10, 2023, Plaintiffs/Cross-Defendants Versailles Legacy Ventures LLC
(“Versailles”), Aria West Management Inc. (“Aria”), and Calvin Alexander Kim
(“Kim”) (collectively, “Plaintiffs/Cross-Defendants”) filed a Complaint against
ten named Defendants and Does 1 to 55, alleging 11 causes of action. Plaintiffs
later substituted several Doe defendants with specific parties, including
Shapell Industries, Inc., PRD Investors, LLC, PRD Investors, Inc., Aleshia
Hoover, California Sunshine Landscape, Inc., Edward A Ibrahim, and Aleshia
Hoover (“Hoover”). Subsequently, Defendants including Sosi Getzoian
(“Getzoian”), Toll Brothers, Inc, Toll Brothers West Inc., Toll Brothers Real
Estate, Inc, Porter Ranch Development Company, Great American Insurance
Company, Shapell Industries, Inc., PRD Investors, LLC, PRD Investors, Inc., and
Hoover, have since filed their respective Answers to the Complaint.

            On November 14, 2023,
Defendant/Cross-Complainant Great American Insurance Company (“GAIC”) filed a
Cross-Complaint in Interpleader against Versailles, Aria, Kim, Kirk
Karamanoukian, Camil Montealegre, Tina Vaziri (“Vaziri”), Lisa Hannig
(“Hannig”), and Roes 1 through 50. Subsequently, GAIC filed amendments to
cross-complaint, substituting Roes 1, 2, 3, 5, 6, and 7 with each’s true name.
Subsequently, Cross-Defendants Kim, Versailles, Hannig, Aria, Vaziri, Franciso
Navarro, Iris Navarro, and Yosi Yahoudai (“Yahoudai”) filed their respective
Answers to the Cross-Complaint filed by GAIC.

On January
18, 2024, Defendant/Cross-Complainant Getzoian filed a Cross-Complaint against
Craftscape Design LLC, Hoover, Craftscape Creations LLC, and Allen Michael
Abraham for Damages and Equitable Relief.

On February
22, 2024, Cross-Defendant/Cross-Complainant Yahoudai filed a Cross-Complaint
against GAIC for Recovery against Contractors Licenses Bond against License
Bond Principals and License Bond Sureties.

On May 10,
2024, Counsel filed the instant Motion to be Relieved as Counsel (the
“Motion”).

No Opposition papers have been received by the Court.

ANALYSIS

The
court may order that an attorney be changed or substituted at any time before
or after judgment or final determination upon request by either client or
attorney and after notice from one to the other. (Code Civ. Proc. § 284, subd. (2).)
“The determination whether to grant or deny a motion to withdraw as counsel
lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128,
1133.) An application to be relieved as counsel must be made on Judicial Council
Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053
(Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).)

            In addition, California Rules of Court, rule 3.1362,
subsection (d) requires that the notice of motion and motion, declaration, and
proposed order be served on the client and all other parties who have appeared
in the case by personal service, electronic service, or mail. If the notice is
served by mail, it must be accompanied by a declaration stating facts showing
that either:

            (A) The service address is the current residence or
business address of the client; or

(B)
The service address is the last known residence or business address of the
client and the attorney has been unable to locate a more current address after
making reasonable efforts to do so within 30 days before the filing of the
motion to be relieved.

            (Cal. Rules of
Court, rule 3.1362(1)(A) & (2).)

Here, Counsel has filed Judicial Council Forms MC-051 and
MC-052. Counsel has also lodged Judicial Council Form MC-053 with the Court.

Counsel
has provided a declaration stating that the Motion is necessitated by “a
breakdown in communication” and that “the attorney-client relationship is
irreparably broken.” (MC-025, ¶ 2.) The Court finds Counsel’s reasons for
seeking relief to be satisfactory.

Counsel states in the declaration that the Motion was
served by mail, return receipt requested, at Calvin Alexander Kim’s last known
address, for which Counsel was unable to confirm as the current address. (MC-052,
¶ 3b(2)(a).) Proof of Service has been attached to the Motion papers,
demonstrating proper service on Plaintiffs/Cross-Defendants and all other
parties who have appeared in the case.

Counsel indicates on the MC-052 and MC-053 forms that the
next hearing scheduled for this action is a Case Management Conference set for May
28, 2024, in this department. (MC-052, ¶ 4.) A jury trial is not yet set. (Id.
¶ 6.)) Since this date has passed, the information needs to be updated to
reflect the future hearing dates and places.

Based on the foregoing, the Court GRANTS the Motion to be
Relieved as Counsel, subject to the condition that Counsel submits an updated
MC-053 form, reflecting all future hearing dates and places, within 5 days of
this order.

CONCLUSION

Counsel Chi Leung Ip and Law
Offices of Edward C. Ip & Associates’ Motion to be Relieved as
Counsel as to Plaintiffs/Cross-Defendants Versailles
Legacy Ventures LLC, Aria West Management Inc., and Calvin Alexander Kim is
GRANTED, subject to the condition that Counsel submits
an updated MC-053 form, reflecting all future hearing dates and places, within
5 days of this order.

Moving counsel to give notice.