Judge: David B. Gelfound, Case: 23VECV03041, Date: 2024-09-09 Tentative Ruling

Case Number: 23VECV03041    Hearing Date: September 9, 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 GRANTED.

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 Designs LLC (the “Motion”). Subsequently, on August 12, 2024, the Court continued the hearing, citing deficiencies in the Proof of Service.

            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.

The next scheduled hearing is a Status Conference Re: Bankruptcy, set for October 30, 2024, at 8:30 AM in Department F49 at 9425 Penfield Ave., Chatsworth, CA 91311. The trial date has not yet been set. (MC-053, ¶ 8.)

Previously, the Court found that motion papers lacked adequate Proof of Service to demonstrate proper service on both Craftscape Creations, LLC and Craftscape Design LLC. (8/12/2024 Minute Order.) Subsequently, on August 20, 2024, Counsel submitted additional declarations attesting that all moving papers were served on Craftscape Creations, LLC and Craftscape Design LLC on May 14, 2024. (8/20/24 Tahmazian Decl. ¶ 6, Exh. “i.”) The Court finds this declaration sufficient to meet its requirement.

Accordingly, the Motion to be Relieved as Counsel is GRANTED.

CONCLUSION

The Motion to be Relieved as Counsel for Defendants/Cross-Defendants Craftscape Creations, LLC and Craftscape Design LLC, filed by counsel Jilbert Tahmazian, is GRANTED.

Moving counsel to give notice.