Judge: John J. Kralik, Case: 23BBCV02167, Date: 2025-03-07 Tentative Ruling

Case Number: 23BBCV02167    Hearing Date: March 7, 2025    Dept: NCB

 

Superior Court of California

County of Los Angeles

North Central District

Department B

 

 

Michael Carter,

                        Plaintiff,

            v.

 

P.A.C. Properties management, llc, et al.,

                        Defendants.

 

  Case No.:  23BBCV02167

 

  Hearing Date:  March 7, 2025

 

[TENTATIVE] order RE:

motion to be relieved as counsel

 

 

Plaintiff’s counsel, Emahn Counts, Esq. (“Counsel”), moves to be relieved as counsel for Plaintiff Michael Carter (“Plaintiff”). 

Counsel filed this instant motion to be relieved as counsel on February 3, 2025.  Counsel has filed the requisite forms pursuant to CRC Rule 3.1362. 

According to the declaration of Counsel, Counsel seeks to be relieved as counsel because Counsel and Plaintiff have encountered a conflict in trial preparation, resulting in an irrevocable breakdown in the attorney-client relationship.  Counsel states that Plaintiff has breached the Attorney-Client Retainer Agreement by failing to pay past due attorney fees since December 31, 2024 and/or pay a trial replenishment retainer despite numerous requests. Counsel states that Plaintiff has a past due balance in excess of $15,000. (MC-052, §2.)  For these reasons, Counsel seeks to withdraw from representing Plaintiff in this action. 

Counsel properly served Plaintiff at his last known mailing address, which was confirmed by conversation within the past 30 days of filing the motion.  Counsel for the other parties in this action were also served with the motion by mail and e-mail.  

As for future hearing dates, a Mandatory Settlement Conference is set for April 4, 2025, the Final Status Conference is set for July 10, 2025, and the Trial is set for July 21, 2025.  Thus, there is time for Plaintiff to obtain substitute counsel.

Accordingly, the motion to be relieved as counsel is granted.  The order electronically lodged by Counsel will be signed at the hearing.  The order will become effective upon the filing of a proof of service of a signed copy of the order on Plaintiff. 

Notice to be provided by Counsel.

 

 

DATED: March 7, 2025                                                         ___________________________

                                                                                          John J. Kralik

                                                                                          Judge of the Superior Court