Judge: Malcolm Mackey, Case: 20STCV22167, Date: 2022-10-26 Tentative Ruling
Case Number: 20STCV22167 Hearing Date: October 26, 2022 Dept: 55
GMP
ASSOCIATES, INC. v. RABIZADEH 20STCV22167
Hearing Date: 10/26/22,
Dept. 55
#12: MOTION TO BE RELIEVED AS COUNSEL OF RECORD.
Notice: Okay
No
Opposition
MP:
Daniel J. Phelps, Phelps Law, counsel of
record for AA SEAWARD MAINTENANCE LLC.
RP:
Summary
On 6/12/20, Plaintiff GMP ASSOCIATES, INC. filed a Complaint
On 6/15/20, Plaintiff filed a First Amended
Complaint, alleging that the owner defendants agreed to pay for remodeling
of their owned home, but failed to pay for a significant portion of the
construction work.
The Plaintiff’s causes of action are:
1. BREACH
OF CONTRACT
2. REASONABLE
VALUE OF WORK
3. FORECLOSURE
OF MECHANICS LIEN.
On 8/3/20, Cross-Complaint was filed by
defendants RACHEL RABIZADEH and SHAWN RABIZADEH against Plaintiff, alleging Plaintiff
did remodeling having numerous construction defects.
On 8/24/22, defendants filed a motion seeking to
amend defendants’ Cross-Complaint, to include alter ego allegations and a
claim for Violations Penal Code Section 496(b).
On 4/27/21, a Cross-Complaint was filed by GMP
ASSOCIATES, INC. and GABRIEL MARTIN PEREZ, against MOES 1 through 50, regarding
getting indemnification pursuant to subcontractors’ agreements.
Requests for dismissals have been filed,
including on 9/27/22 and 10/6/22.
MP
Positions
Moving counsel request an order to be relieved as counsel
of record, on grounds including the following:
·
Cal. Rules of Prof. Conduct Rule 1.16(b)
and professional considerations require termination of representation.
·
And an irreconcilable breakdown in the
attorney-client relationship exists.
Tentative
Ruling
The motion is granted.
Procedurally, the form notice, declaration, proposed
order, and proof of service are sufficiently in compliance. See CRC Rule 3.1362.
Additionally, moving counsel’s declaration shows
cognizable grounds for withdrawal, including:
Further, no opposing papers have been filed in order
to evidence any prejudice to the client.
See Rules Prof. Conduct, Rule 1.16(d).
“The determination whether to grant or deny an
attorney 's motion to withdraw as
counsel of record lies within the sound discretion of the trial court, having in mind whether
such withdrawal might work an injustice in the handling of the case.” Lempert v. Sup.