Judge: John J. Kralik, Case: 23BBCV02526, Date: 2025-02-21 Tentative Ruling

Case Number: 23BBCV02526    Hearing Date: February 21, 2025    Dept: NCB

Superior Court` of California

County of Los Angeles

North Central District

Department B

BACKGROUND

A.    Allegations of Complaint

Plaintiffs Eddie Washington (“Washington”) and Califia Gold LLC dba Califia Gold

Organics (“Califia”) (collectively, “Plaintiffs”) allege that Defendants breached an agreement concerning the promotion of Plaintiff Califia’s Organa Fuel supplement.

            The complaint, filed October 26, 2023, alleges causes of action for: (1) Breach of Contract; (2) Breach of Implied Covenant of Good Faith and Fair Dealing; and (3) Fraud in the Inducement.  

            On November 6, 2024, Defendant Gerald Washington filed his answer to the complaint.

            On December 4, 2024, Defendant Gerald Washington filed his answer to the complaint.

B.     Relevant Background

On January 18, 2024, default was entered against Defendant The Bank Fit Camp.

On September 20, 2024, default was entered against Defendant Gerald Washington.

On September 23, 2024, Does 1-20 were dismissed from the complaint without prejudice

pursuant to a request for dismissal filed by Plaintiffs.

            On November 14, 2024, pursuant to the stipulation of the parties, the Court set aside the default entered against Defendant Gerlad Washington.  Defendant Gerlad Washington was ordered to file a verified answer within 21 days thereof.  

C.     Motion on Calendar

On January 22, 2025, Grant Shenon, APLC filed and served a motion to be relieved as counsel for Defendant Gerald Washington  

As of February 19, 2025, the motion is unopposed.  Any opposition was required to have been filed and served at least nine court days prior to the hearing. (Code Civ. Proc., § 1005, subd. (b).)

DISCUSSION

A.    Applicable Law/Legal Standard

            The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other.  (Code of Civ. Proc., § 284(2).)  “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.”  (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.)   

            An application to be relieved as counsel must be made on Judicial Counsel Form MC-051 (Notice of Motion and Motion) (Cal. Rules of Court, rule 3.1362(a)), MC-052 (Declaration) (Cal. Rules of Court, rule 3.1362(c)), and MC-053 (Proposed Order) (Cal. Rules of Court, 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.  (Cal. Rules of Court, rule 3.1362(e).)

            Further, the requisite forms must be served on the client and all other parties who have appeared in the case.  (Cal. Rules of Court, rule 3.1362(d).)  The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court.  (Cal. Rules of Court, rule 3.1362(e).) 

B.     Analysis

In support of the motion, Ryan T. Koczara declares that there has been a complete breakdown of the attorney-client relationship and Defendant Gerald Washington did not voluntarily consent to a request to be relieved as counsel.  Attorney Koczara declares that Defendant Gerald Washington’s current address was confirmed within the past 30 days by: (1) service via mail and email; and (2) express consent.  (See Form MC-052 at ¶ 3(b)(1)(d).)  Defendant Gerald Washington was served with the motion and supporting papers via mail.  The Court finds that counsel has set forth a valid reason to be relieved as counsel for Defendant Gerald Washington.

The Court, however, notes that counsel’s Form MC-053 was initially rejected due to counsel failing to provide Defendant’s phone number with his address on such form.  (See 01/22/25 Notice of Rejection of Electronic Filing.)  On February 18, 2025, counsel filed a Form MC-053, which set forth Defendant Gerald Washington’s phone number and address.  (See 02/18/25 Form MC-053.)

            Counsel for Defendant Gerald Washington has filed a motion that is compliant pursuant to California Rules of Court, Rule 3.1362 and has corrected the initial deficiency as to the Form MC-053.  

CONCLUSION AND ORDER

            Motion to be Relieved as Counsel is GRANTED.  

            Counsel for defendant shall provide notice of this order.

DATED:  February 21, 2025                                      ___________________________

                                                                              John Kralik

                                                                              Judge of the Superior Court