Judge: Mel Red Recana, Case: BC697522, Date: 2025-01-07 Tentative Ruling

All rulings shown here are TENTATIVE ONLY, and thus oral argument WILL be heard. All Counsel are still required to attend.

Case Number: BC697522    Hearing Date: January 7, 2025    Dept: 45

MOHAMMAD CHAUDRY, ET AL V. GREENBRIDGE MANAGEMENT CO, ET AL

MOTION TO BE RELIEVED AS COUNSEL

Date of Hearing:          January 7, 2025                                   Trial Date:       September 2, 2025  

Department:               45                                                        Case No:          BC697522

Moving Party:             Cyrus Khosh-Chashm, Counsel for Plaintiffs Bushra Chaudhry and Mohammad Chaudhry

Responding Party:       None

Notice:                         Proper

FACTUAL BACKGROUND

Plaintiffs Mohammad Chaudhry, Bushra Chaudhry, and Hassun Chaudhry filed this action on March 12, 2018. Plaintiffs filed a First Amended Complaint on April 27, 2018 and a Second Amended Complaint on June 20, 2018. Plaintiffs filed a Third Amended Complaint on December 22, 2020. After sustaining a demurrer to the Third Amended Complaint, Plaintiffs filed a Fourth Amended Complaint on February 22, 2022. Plaintiffs filed a Fifth Amended Complaint (“5AC”) on March 9, 2022.

The 5AC is against defendants Greenbridge Management Company, KTown Metro Plaza, LLC, and Sean Hashem, alleging causes of action for (1) Breach of Written Lease Agreement; (2) Constructive Eviction (Before March 13, 2018); (3) Retaliatory Eviction; (4) Breach of the Implied Covenant of Good Faith and Fair Dealing; (5) Nuisance; (6) Financial Elder Abuse; (7) Battery; (8) Gross Negligence; (9) Violation of Bus. & Prof. Code § 17200, et seq.; (10) Declaratory Relief; and (11) Accounting.

This action involves a lease agreement dispute between lessees who operated a Flame Broiler franchise and landlord at a commercial space located at 3500 Wilshire Boulevard, Los Angeles, CA. Plaintiffs allege that there were several issues with how Defendants maintained and repaired the common areas, prolonged construction of a food hall near Plaintiffs’ premises, and wrongfully denied Plaintiffs from assigning the lease or changing the use of the premises.

On September 21, 2018, Ktown Metro Plaza LLC filed a cross-complaint for breach of contract. Ktown Metro dismissed the cross-complaint on January 22, 2020.

TENTATIVE RULING: GRANT

Counsel seeks to withdraw as counsel for Plaintiffs Bushra Chaudry and Mohammad Chaudry as there has been a breakdown of the working relationship with the clients and a potential conflict in the representation of Plaintiffs has arisen.

Counsel has complied with the requirements of CRC Rule 3.1362 by filing forms MC-051 and MC-052 and lodging with the Court a copy of the proposed order on form MC-053. Counsel confirmed Defendants’ last known address via e-mail.

There is a motion for summary adjudication set for May 29 2025 and a Final Status Conference set for August 21, 2025. Trial is currently set for September 2, 2025.