Judge: Gary Y. Tanaka, Case: 20TRCV00175, Date: 2022-12-20 Tentative Ruling
Case Number: 20TRCV00175 Hearing Date: December 20, 2022 Dept: B
LOS ANGELES SUPERIOR COURT –
SOUTHWEST DISTRICT
Honorable Gary Y. Tanaka Tuesday,
December 20, 2022
Department B Calendar No. 5
PROCEEDINGS
Tropic
Fishery Pvt., Ltd. v. Suriya, LLC, et al.
20TRCV00175
1. Halil Hasic’s, of Marc J. Gedeon, APLC, Motion to be
Relieved as Counsel for Plaintiff Tropic Fishery Pvt. Ltd.
TENTATIVE RULING
Halil Hasic’s, of Marc J. Gedeon, APLC, Motion to be
Relieved as Counsel for Plaintiff Tropic Fishery Pvt. Ltd. is denied without
prejudice.
Background
Plaintiff filed its Complaint
on August 10, 2020. Plaintiff filed its Second Amended Complaint on October 25,
2022. Plaintiff alleges the following facts. Plaintiff delivered merchandise to
Defendants pursuant to an agreement. Defendants failed to pay for the
merchandise. Plaintiff alleges the
following causes of action: 1. Breach of Oral Promise; 2. Breach of Written
Contract; 3. Conversion; 4. Unjust Enrichment; 5. Fraudulent Misrepresentation;
6. Common Counts.
Motion to be Relieved as Counsel
Counsel states, in his declaration, valid reasons for
withdrawal. Counsel states that there has been a disruption in the relationship
due to a breakdown in communication with the client. The court finds that the
attorney has filed and served upon the client a declaration. The court also finds that the attorney has
shown sufficient reasons why the motion to be relieved as counsel should be
granted and why the attorney has brought a motion under Code of Civil Procedure
§ 284(2) instead of filing a consent under section 284(1).
However, the court finds that counsel failed to serve
the proposed order upon the clients and all parties as required by Cal. Rules
of Court, Rule 3.1362(d)(1). Thus, the motion must be denied without prejudice.
Moving counsel is ordered to give notice of the
Court’s ruling.