Judge Peter A. Hernandez, Case Number: 24PSCV00398, Date: 2024-06-05 Tentative Ruling

Judge: Peter A. Hernandez, Case: 24PSCV00398, Date: 2024-06-05 Tentative Ruling

Case Number: 24PSCV00398 Hearing Date: June 5, 2024 Dept: K

1. Counsel for Defendant Blackseries Campers, Inc. (i.e., Wang IP Law Group P.C.)

Motion to be Relieved as Counsel is GRANTED, effective upon the filing of a proof of

service showing service of the signed order upon the Client at the Client’s last known

address.

2. Counsel for Defendant Hongwei Qiu’s (i.e., Wang IP Law Group P.C.) Motion to be

Relieved as Counsel is GRANTED, effective upon the filing of a proof of service showing

service of the signed order upon the Client at the Client’s last known address.

Background

Plaintiff Wright Walnut Owner, LLC (“Plaintiff”) alleges as follows:

Plaintiff owns the building located at 19501 East Walnut Drive South in the City of Industry (“premises”). On May 24, 2018, Plaintiff's predecessor-in-interest, Jeunique, as landlord, and Blackseries Campers, Inc. (“Blackseries”), as tenant, entered into a written commercial lease agreement (“Lease") for the premises for a term of 87 months (i.e., from November 1, 2018-February 28, 2026). Hongwei Qiu (“Qiu”) executed and delivered a written Guaranty of Lease on that date and the Lease was subsequently amended on December 15, 2019 (“First Amendment”) and June 2, 2020 (“Second Amendment”). Blackseries and Qui have failed to maintain and repair the concrete on the premises, have failed to keep fire hydrants on the premises clear from trailers and trash and have failed to make payments due.

On February 7, 2024, Plaintiff filed a complaint, asserting causes of action against Blackseries, Qui and Does 1-10 for:

1. Breach of Written Lease

2. Temporary Restraining Order, Preliminary and Permanent Injunction

3. Declaratory Relief

4. Breach of Written Lease Guaranty

A Case Management Conference is set for June 17, 2024.

Discussion

Wang IP Law Group P.C. (“Firm”) seeks to be relieved as counsel of record for Blackseries and Qui (“Clients”).

The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398.)

California Rules of Court (“CRC”) Rule 3.1362 requires (1) a notice of motion and motion directed to the client (made on the Notice of Motion and Motion to Be Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure § 284(2) is brought instead of filing a consent under section 284(1) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion, the declaration, and the proposed order on the client and on all other parties who have appeared in the case; and (4) a proposed order relieving counsel (prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel—Civil form (MC-053)). 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.

Attorney Tommy SF Wang (“Wang”) identically represents, as to both Clients, as follows: “Client has refused to continue to participate in this matter. Client has not returned our emails and messages. Client has also not picked up our calls and has not returned any of our calls.”

Wang states that he has served the Clients by mail at the Clients’ last known address(es) with copies of the motion papers served with this declaration and that he has confirmed, within the past 30 days, that the address(es) is/are current, by telephone.

The court determines that the requirements of Rules of Court Rule 3.1362 enumerated above have been sufficiently met.

Accordingly, the motions are granted, effective upon the filing of a proof of service showing service of the signed order upon the respective Clients at the Clients’ last known address(es).