Judge: Elaine W. Mandel, Case: 22SMCV00512, Date: 2025-02-18 Tentative Ruling

Case Number: 22SMCV00512    Hearing Date: February 18, 2025    Dept: P

Tentative Ruling

Akafori, Inc. v. Icon West, Inc., Case no. 22SMCV00512

Hearing date February 18, 2025

Plaintiff’s Counsel’s Motion to be Relieved as Counsel

Plaintiff Akafori, Inc. sues defendants Icon West, Inc., Hartford Fire Insurance Company and Amir Alizadeh for breach of contract arising from defendants’ failure to compensate plaintiff for work on a construction project. Plaintiff filed chapter 11 bankruptcy on 10/9/24 (Chapter 11, case no. 8:24-bk-12573-SC). Plaintiff’s counsel, the Green Law Group, LLP moves to be relieved as counsel citing its specialty is construction litigation and not bankruptcy proceedings. Decl. Tiwana para. 2. The motion is unopposed.

An application to be relieved must be made on judicial counsel form MC-051 (Notice of Motion and Motion) per Cal. Rules of Court, rule 3.1362(a), MC-052 (Declaration) per CRC rule 3.1362(c), and MC-053 (Proposed Order) per CRC rule 3.1362(e).¿ The proposed order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. CRC rule 3.1362(e). Plaintiff’s counsel has complied with all 3.1362 requirements.

Plaintiff’s counsel offers no authority demonstrating a motion to be relieved as counsel can be heard during a bankruptcy stay. Absent such a showing, the motion is DENIED.