Judge: Mark C. Kim, Case: 20LBCV00270, Date: 2023-04-20 Tentative Ruling

Case Number: 20LBCV00270    Hearing Date: April 20, 2023    Dept: S27

1.     Background Facts

Plaintiff, Bond Nichols filed this action against Defendants, DDSW, LLC, David Sazegar, and Neal Thompson for breach of contract, breach of contract, and breach of fiduciary duty.  Sazegar and Thompson are the sole members of DDSW.   

2.     Motion to be Relieved as Counsel

Brent R. Phillips and Ronald A. Gorrie represent DDSW in this action.  They seek to be relieved as counsel on the grounds that (a) DDSW does not oppose the relief sought, (b) DDSW will no longer exist as of the hearing date on the motion, and (c) Thompson has ceased funding DDSW’s defense, and Sazegar has failed to respond to communication concerning whether he wishes to fund DDSW’s defense.

Counsel filed proof of service of the moving papers on all parties to the action, and declares DDSW has been served at a confirmed address.  No timely opposition to the motion has been filed.  The Court is inclined to grant the relief requested.

The Court notes that it specially set the hearing on this motion at an ex parte application hearing on 3/24/23, and the Court ordered Thompson to be present for the hearing.  The Court will require Thompson to be present for the hearing and will hear any argument concerning the motion and status of DDSW at the time of the hearing.