Judge: Edward B. Moreton, Jr, Case: 24SMCV04982, Date: 2025-05-01 Tentative Ruling

Case Number: 24SMCV04982    Hearing Date: May 1, 2025    Dept: 205

Superior Court of California

County of Los Angeles – West District

Beverly Hills Courthouse / Department 205

BACKGROUND

This case arises from a landlord-tenant dispute.  According to the Complaint, Plaintiff Erin Brennan rented an apartment from Defendant G-B Investments.  (Compl. ¶5.)   Defendant Daniel Bleiberg is alleged to be the part owner, manager and agent of G-B Investments.  (Id. ¶¶1, 3.)   There was a water leak from a floor above Plaintiff’s apartment resulting from an old water heater.  (Id. ¶5.)   As a result of the leak, Plaintiff’s ceiling collapsed.  (Id. ¶5.)  

Plaintiff complained to Defendants who sent someone to repair the leak.  (Id.)  They poked holes in the ceiling to “air out” the leak, causing building materials, insulation and water to fall into Plaintiff’s apartment.  (Id.)  Plaintiff started to become ill.  (Id. ¶6.)   She complained to Defendants about possible mold.  (Id. ¶7.)   Bleiberg said their mold assessment did not warrant mold testing, showed there is no mold, and “no water in the walls.”  (Id.)   Plaintiff then had her apartment tested for mold which found high levels of airborne mold present.  (Id.) Plaintiff vacated her apartment unit.  (Id.) 

This action ensued.  Plaintiff filed a complaint alleging four claims for (1) breach of warranty of habitability, (2) violation of the Health & Safety Code, (3) fraud, (4) constructive eviction, and (5) personal injuries and property damage.

This hearing is on Plaintiff's motion to remove Richard Wideman as her counsel and substitute in LA SuperLawyers Inc. and the Law Offices of Matthew Abrams.  Plaintiff maintains that Wideman has not returned any of her calls, except one where he indicated he recently had a stroke and that he would not continue working on her case so she needed to find new counsel.  Plaintiff then retained LA SuperLawyers, Inc. and the Law Offices of Matthew Abrams who sent a Substitution of Attorney Form to Wideman but he has not signed the form.  Plaintiff’s new counsel intend to file a First Amended Complaint, but they say they cannot do so absent the substitution. 

ANALYSIS

Code Civ. Proc. § 284 provides: “The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: 1. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; 2. Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.”

The client’s right to substitute out old counsel is absolute and requires no cause.  (Fracasse v. Brent (1972) 6 Cal.3d 784, 790.)  Here, Plaintiff has good cause as she has been unable to contact Mr. Wideman since early March 2025. The application is made by the client (Brennan), and the motion is being served on Wideman at his address listed with the State Bar.  Therefore, it complies with the requirements of Code Civ. Proc. § 284.      

CONCLUSION

For the foregoing reasons, the Court GRANTS Plaintiff’s motion to remove Richard Wideman as counsel and to substitute in LA SuperLawyers, Inc. and the Law Offices of Michael Abrams.    

DATED: May 1, 2025                                                          ___________________________

Edward B. Moreton, Jr.

Judge of the Superior Court