Judge: Lisa K. Sepe-Wiesenfeld, Case: 19SMCV02179, Date: 2023-08-23 Tentative Ruling

Case Number: 19SMCV02179    Hearing Date: August 23, 2023    Dept: N

This Motion: Counsel for Defendants Justin Cozart, Hollywood McCadden Development Group, LLC, and Integrated Healthcare Medical Group, Inc.’s motions to withdraw.

BACKGROUND 

Plaintiff Kamran Broukhim entered into a written agreement with Defendants for the purchase of Integrated Healthcare, with Defendants to make their first payment of $1,000,000 on August 31, 2018. Defendants failed to make such a payment, and the parties thereafter amended the purchase agreement, which became a promissory note. Defendants thereafter failed to pay Integrated Healthcare employees, including Plaintiff, failed to make monthly payments on the promissory note in the sum of $32,000 per month, and failed to pay rent for the medical office to the landlord. Plaintiff alleges that Defendants represented that information contained in a written Personal Financial Statement was true, but Defendant Cozart misrepresented his assets and income, as Defendants were unable to pay the initial down payment and failed to make subsequent payments on the note or the expenses of Integrated Healthcare or its employees. Plaintiff was induced to transfer his shares in Integrated Healthcare to Hollywood McCadden based on misrepresentations that Defendants would pay the total sum of $3,000,000. 

FAC [07-07-2020]: (1) breach of contract, (2) fraud, (3) rescission and restitution, (4) foreclosure on security interest, (5) violation of Corporations Code section 25401, (6) violation of common law right of publicity, (7) violation of Civil Code section 3344, and (9) elder abuse.

TENTATIVE RULING 

Jeffrey H. Reeves and Christopher J. Harney of Theodora Oringher PC’s Motions to Withdraw as Counsel for Defendants Justin Cozart, Hollywood McCadden Development Group, LLC, and Integrated Healthcare Medical Group, Inc. are GRANTED. 

Counsel has asserted valid reasons for withdrawal, i.e., the clients have breached a material term of an agreement with counsel relating to the representation, and the clients have assented to termination of the representation. (Rules Prof. Conduct, rule 1.16(b)(5), (b)(6).) Counsel has provided the required forms under rule 3.1362 of the California Rules of Court and served the clients and opposing parties with the same. There being good cause to grant counsel’s request to withdraw, Jeffrey H. Reeves and Christopher J. Harney of Theodora Oringher PC’s Motions to Withdraw as Counsel for Defendants Justin Cozart, Hollywood McCadden Development Group, LLC, and Integrated Healthcare Medical Group, Inc. are GRANTED. 

This ruling granting counsel’s motion to withdraw shall become effective upon filing of proof service of this ruling upon Defendants Justin Cozart, Hollywood McCadden Development Group, LLC, and Integrated Healthcare Medical Group, Inc. Defendants Hollywood McCadden Development Group, LLC and Integrated Healthcare Medical Group, Inc. are reminded that a corporation cannot represent itself in litigation and must be represented by licensed counsel. (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.) 

The Court notes that counsel made only one hearing reservation and paid one reservation fee as to the three motions. Counsel shall pay two additional filing fees of $60 before the hearing on this Motion.  

Counsel for Defendants to give notice.