Judge: Erick L. Larsh, Case: 2018-01006531, Date: 2023-07-20 Tentative Ruling

As to the Motion to be Withdraw by MKB Chapman, PC:

Moving Party contends there has been an irreconcilable breakdown of the attorney-client relationship.

Moving Party has stated good cause for the requested relief and has used the proper Judicial Council forms for the motion to be relieved and supporting declaration. But Moving Party hasn’t served Responding Party with the proposed order, nor lodged a copy of the proposed order with the court as required by California Rules of Court, Rule 3.1362(b) [“The notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case. The notice may be by personal service, electronic service, or mail.”] CRC Rule 3.1362(b).

Attorney MBK Chapman PC’s motion for leave to withdraw as counsel of record for Defendant LePort Educational Institute, Inc. is denied without prejudice. Moving Party hasn’t complied with CRC Rule 3.1362(b) by serving LePort with a copy of the proposed order.

Demurrer

Responding Parties memorandum in support of its opposition does not comply with CRC 3.1113(d) therefore the court treated the opposition as a late filer paper and did not consider the opposition. CRC 3.1300(d)

This is not the first time this party has disregarded the procedural rules in connection with law & motion.

Cross-Defendants Carl Barney, as Trustee of the Carl Barney Living Trust, and Carl Barney, Eric Juhlin, Lenny Esmond, Rony Miller and Leport Educational Institute, Inc.’s demurrer to the Second Amended Cross-Complaint of Rebecca and Ramandeep Girn is sustained in its entirety.

Responding Parties shall have 10 days leave to amend.

Motion to strike

The motion to strike is moot as to paragraph 270.

The motion to strike is granted as to the request/prayer for attorney fees.

The remaining requested relief is denied.

Moving Party to give notice.