Judge: David B. Gelfound, Case: 23CHCV03701, Date: 2024-08-20 Tentative Ruling

Case Number: 23CHCV03701    Hearing Date: August 20, 2024    Dept: F49

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F49

MOTION TO BE RELIEVED AS COUNSEL

Motion filed: 5/10/24

MOVING PARTY: Defendant/Cross-Complainant Calvin Alexander Kim’s counsel Chi Leung Ip, and Law Offices of Edward C. Ip & Associates, APC (the “Counsel”)

RESPONDING PARTY: None.

NOTICE: NOT OK.

“The notice of motion and motion [to be relieved as counsel], the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case.” (Cal. Rules of Court, rule 3.1362(d).)

“Whenever a document is required to be served on a party, the service must be made on the party's attorney if the party is represented.” (Cal. Rules of Court, rule 1.21(a).)

Here, Counsel’s Proof of Service does not demonstrate that Defendants Carlo Briganti and Christina Briganti’s attorney, John J. Jamgotchian, has been served with the notice and the motion papers, thereby failing to meet the requirements under California Rules of Court, rules 3.1362(d) and 1.21(a).

RELIEF REQUESTED: An order relieving Counsel Chi Leung Ip and Law Offices of Edward C. Ip & Associates, APC for Defendant/Cross-Complainant Calvin Alexander Kim

TENTATIVE RULING: CONTINUE.

BACKGROUND

This action arises out of alleged contractual disputes and related financial claims.

On December 5, 2023, Plaintiff SiteOne Landscape Supply, LLC (“Plaintiff”) filed a Complaint against Defendants Craftscape Creations, LLC, Allen Abraham, Carlo Briganti, Christina Briganti, Young LA Trading Co, LLC, Taranjeet S. Chopra, Daljeet Kaur, Ehssan Kabier Helmandi, Zelikha Samyee, Calvin Alexander Kim, Alexander Paul Iglesias, Madison Chloe Iglesias, David Gobrial, Jessica Ishak, Jaswinder Singh, Sonia Singh, and Does 1 through 450. The Complaint alleges 12 causes of action, including: Breach of Contract (1st), Goods Sold and Delivered/Agreed Price (2nd), Open Book Account (3rd), Account Stated (4th), Breach of Personal Guaranty (5th), and Foreclosure of Mechanic’s Lien (6th – 12th). Subsequently, Defendants Calvin Alexander Kim, and Carlo Briganti and Christian Briganti filed their respective Answers to the Complaint on January 6, and February 5, 2024, respectively. On February 9, 2024, a Default by the Clerk was entered against Defendants Jaswinder Singh and Sonia Singh. Following this, on February 16, 2024, a Default by the Clerk was entered against Defendants Alexander Paul Iglesias, Madison Chloe Iglesias, and Craftscape Creations, LLC.

            On January 29, 2024, Defendant/Cross-Complainant Calvin Alexander Kim filed a Cross-Complaint against Cross-Defendants Edward A. Ibrahim, Sosi Getzoian, Craftscape Designs LLC, Aleshia Hoover, Paul Tatian, California Sunshine Landscape, Inc., Allen Michael Abraham, and Craftscape Creations, LLC. The Cross-Complaint filed by Calvin Alexander Kim alleges three causes of action: (1) Implied Contractual Indemnity, (2) Equitable Indemnity, and (3) Apportionment and Contribution. Subsequently, Cross-Defendants Sosi Getzoian and Aleshia Hoover filed their respective Answers to this Cross-Complaint on February 21, and March 27, 2024, respectively.

            On February 21, 2024, Cross-Defendant Sosi Getzoian filed a Cross-Complaint against Cross-Defendants Craftscape Designs LLC, Allen Michael Abraham, and Craftscape Creations, LLC, alleging (1) Contribution, (2) Indemnity, and (3) Declaratory Relief.

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

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.

However, as discussed previously, Counsel has failed to meet the requirements for service under California Rules of Court, rules 3.1362(d) and 1.21(a).

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 CONTINUES the Motion to be Relieved as Counsel.

CONCLUSION

Counsel Chi Leung Ip and Law Offices of Edward C. Ip & Associates’ Motion to be Relieved as Counsel for Defendant/Cross-Complainant Calvin Alexander Kim is CONTINUED.

Counsel Chi Leung Ip and Law Offices of Edward C. Ip & Associates are ordered to file the appropriate Proof of Service and an updated MC-053 form.

Moving counsel to give notice.