Judge: David B. Gelfound, Case: 23VECV05003, Date: 2024-08-08 Tentative Ruling

Case Number: 23VECV05003    Hearing Date: August 8, 2024    Dept: F49

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F49

MOTION TO BE RELIEVED AS COUNSEL [0419]

Motion filed: 5/10/24

MOVING PARTY: Counsel Chi Leung Ip and Law Offices of Edward C. Ip & Associates, APC for non-party 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 non-party Calvin Alexander Kim only

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

BACKGROUND

This action arises out of alleged contract disputes.

On November 9, 2023, Plaintiff/Cross-Defendant Sosi Getzoian (“Plaintiff”) filed a Complaint against Defendants/Cross-Complainants Allen Abraham (“Abraham”), Aleshia Hoover (“Hoover”), Craftscape Creations, LLC (“Craftscape”) (collectively, “Defendants/Cross-Complainants”) and Does 1 through 70, alleging the following causes of action: (1) Fraudulent Misrepresentation (against Defendants and Does 1-10), (2) Breach of Written Contract (against Defendants/Cross-Complainants and Does 11-20), (3) Breach of Oral Contract (against Defendants/Cross-Complainants and Does 21-30), (4) Unjust Enrichment (against Defendants and Does 21-40), (5) Conversion (against Abraham and Hoover and Does 41-50), (6) Breach of Fiduciary Duty (against Defendants/Cross-Complainants and Does 51-60), and (7) Breach of the Implied Covenant of Good Faith and Fair Dealing (against Defendants/Cross-Complainants and Does 61-70). Subsequently, Abraham, Hoover, and Craftscape filed their Answer to the Complaint on January 16, 2024.

On January 17, 2024, Defendants/Cross-Complainants filed their Cross-Complaint against Plaintiff/Cross-Defendant, alleging equitable indemnity and contribution.

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 Calvin Alexander Kim 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, at 8:30 AM, in Department F51 Chatsworth Courthouse, CA 91311. (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

Non-party Calvin Alexander Kim’s Counsel Chi Leung Ip and Law Offices of Edward C. Ip & Associates’ Motion to be Relieved as Counsel 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.

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F49

MOTION TO BE RELIEVED AS COUNSEL [4761]

Motion filed: 5/9/24

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

RESPONDING PARTY: None.

NOTICE: OK.

RELIEF REQUESTED: An order relieving Counsel Jilbert Tahmazian as counsel for Defendant Craftscape Creations, LLC only

TENTATIVE RULING: The motion is GRANTED.

BACKGROUND

This action arises out of alleged contract disputes.

On November 9, 2023, Plaintiff/Cross-Defendant Sosi Getzoian (“Plaintiff”) filed a Complaint against Defendants/Cross-Complainants Allen Abraham (“Abraham”), Aleshia Hoover (“Hoover”), Craftscape Creations, LLC (“Craftscape”) (collectively, “Defendants/Cross-Complainants”) and Does 1 through 70, alleging the following causes of action: (1) Fraudulent Misrepresentation (against Defendants and Does 1-10), (2) Breach of Written Contract (against Defendants/Cross-Complainants and Does 11-20), (3) Breach of Oral Contract (against Defendants/Cross-Complainants and Does 21-30), (4) Unjust Enrichment (against Defendants and Does 21-40), (5) Conversion (against Abraham and Hoover and Does 41-50), (6) Breach of Fiduciary Duty (against Defendants/Cross-Complainants and Does 51-60), and (7) Breach of the Implied Covenant of Good Faith and Fair Dealing (against Defendants/Cross-Complainants and Does 61-70). Subsequently, Abraham, Hoover, and Craftscape filed their Answer to the Complaint on January 16, 2024.

On January 17, 2024, Defendants/Cross-Complainants filed their Cross-Complaint against Plaintiff/Cross-Defendant, alleging equitable indemnity and contribution.

On May 9, 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 the reason that “Mr. Allen Abraham, Chief Executive Officer of CRAFTSCAPE CREATIONS LLC, has failed to abide by the obligations contained in my employment contract for attorney services on behalf of Craftscape Creations, LLC. By not doing so, my representation of Craftscape Creations, LLC is no longer sustainable. Craftscape Creations, 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 Craftscape’s 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.

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 Department F51 at 9425 Penfield Ave., Chatsworth, CA 91311. (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

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