TENTATIVE RULING

Calendar: 3

Date: 6/14/2024

Case No. 22 GDCV00110 Trial Date: June 10, 2024  

Case Name: Hakopian, et al. v. Ohanyan, et al.  

MOTION TO BE RELIEVED AS COUNSEL

Moving Party: Kaplan Kenegos & Kadin 

Name of Client: Defendants and Cross-complainant Hovsep Joe Demirchian and AAA Construction, Inc. (No Opposition)  

Correct address in proof of service?   

 Client: ok   

 Other parties: ok 

16/+5 day lapse? ok   

RELIEF REQUESTED:

Order permitting attorney to be relieved as attorney of record in this action 

GROUNDS FOR MOTION:

Client has not returned numerous phone calls, text messages, and emails from counsel to attend mediation, assist in trial preparation, and attend court hearings.   

DECLARATION BY MOVING ATTORNEY:

 Reasons why motion is necessary:    ok 

 Address recently confirmed (within last 30 days)

  By checking California Secretary of State website     

PROPOSED ORDER:

Address and phone number of client set forth:   No phone number   

Proper warning : ok 

Future dates filled in:    Not current  

ANALYSIS:

The proposed order is not complete and does not reflect the current status of the matter, and counsel is ordered to modify the order before it is signed.    

Specifically, at paragraph 6, counsel has failed to include the clients’ telephone number, which is necessary for the court and other parties to contact the clients once counsel withdraws.  

At paragraphs 7 and 8, there are no dates specified for future proceedings.  Although at the time the motion was filed the only future dates were set for dates before the hearing on the motion, the court has since, on June 4, 2024, conducted an Order to Show Cause Re: ADR Compliance; Final Status Conference, and the dates set at that hearing must be included on the order.  

Specifically, the next hearing date is now 12/11/2024, for a Post-Settlement Status Conference (MCLA) and a Trial Setting Conference at 8:30 am in Department D at Glendale Courthouse.  This should be set forth in paragraph 7.  

Paragraph 9, concerning the trial in this action, should be corrected to check box 9a, that the trial is not yet set.     

Counsel is ordered to modify the order before the motion will be granted. 

RULING:

[No Opposition]

UNOPPOSED Motion to be Relieved as Counsel is GRANTED. 

The Court will sign the proposed Order Granting Attorney’s Motion to be Relieved as Counsel-Civil with the following modifications:  (1) in paragraph 6, the Order will include the clients’ current or last known telephone number;  (2) in paragraph 7 the Order will indicate there is an Post-Settlement Status Conference (MCLA) and Trial Setting Conference scheduled in this matter on 12/11/2024 at 8:30 a.m., in Department D, Glendale Courthouse; and (3) in paragraph 9, the Order will indicate there is no trial date set by checking box 9a.  

As so modified, the Court will sign the Order and counsel will be relieved effective upon the efiling of the proof of service of the signed order upon the client. 

 DEPARTMENT D IS CONTINUING TO CONDUCT AND ENCOURAGE 

AUDIO OR VIDEO APPEARANCES

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