Judge: Gary Y. Tanaka, Case: 22TRCV00522, Date: 2023-04-25 Tentative Ruling

Case Number: 22TRCV00522    Hearing Date: April 25, 2023    Dept: B

LOS ANGELES SUPERIOR COURT – SOUTHWEST DISTRICT

Honorable Gary Y. Tanaka                                                                                           Tuesday, April 25, 2023

Department B                                                                                                                             Calendar No. 4

PROCEEDINGS

            Baxter, Bailey & Associates, Inc. v. Valyou Furniture, LLC, et al.

            22TRCV00522

1.      Vincent R. Whitaker and Skye Daley’s, of Buchalter, APC, Counsel for Valyou Furniture, LLC, Motion to be Relieved as Counsel

TENTATIVE RULING

            Vincent R. Whitaker and Skye Daley’s, of Buchalter, APC, Counsel for Valyou Furniture, LLC, Motion to be Relieved as Counsel is granted.  

Background

Plaintiff filed the Complaint on June 28, 2022. Plaintiff alleges the following facts. Plaintiff is the assignor of Stream Links Express. Defendant Valyou Furniture (“Valyou”) hired Defendant Hahn International Inc. (“Hahn”) regarding the transportation of shipping containers. Defendant Hahn retained Stream Links Express to deliver Defendant Valyou’s containers. Defendants failed to pay for Plaintiff’s assignor’s services. Plaintiff alleged the following causes of action: 1. Breach of Contract; 2. Open Book of Account; 3. Account Stated; 4. Quantum Meruit.  

Motion to be Relieved as Counsel

Counsel states, in the declaration, valid reasons for withdrawal. Counsel states that there has been a breakdown in the relationship of the parties and irreconcilable differences. 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). The court finds that counsel served the proposed order upon the clients and all parties as required by Cal. Rules of Court, Rule 3.1362(d)(1).

Therefore, the motion to be relieved as counsel is granted.

The attorney is relieved as counsel of record for the client effective upon the filing of the proof of service of the signed order upon the client.

Counsel is ordered to give notice of the Court’s ruling.