Judge: Ralph C. Hofer, Case: 22GDCV00110, Date: 2025-02-28 Tentative Ruling
Case Number: 22GDCV00110 Hearing Date: February 28, 2025 Dept: D
TENTATIVE RULING
Calendar: 5
Date: 2/28/2025
Case No. 22 GDCV00110 Trial Date: None Set
Case Name: Hakopian, et al. v. Ohanyan, et al.
MOTION TO BE RELIEVED AS COUNSEL
Moving Party: Kaplan Kenegos & Kadin
Name of Client: Defendant/Cross-Complainant 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 cooperated with counsel to proceed with the case.
DECLARATION BY MOVING ATTORNEY:
Reasons why motion is necessary: ok
Address recently confirmed (within last 30 days)
By confirming with corporate status page of the Office of the California Secretary of State
PROPOSED ORDER:
Address and phone number of client set forth: No phone number
Proper warning : ok
Future dates filled in: ok
ANALYSIS:
The file shows that counsel filed a previous motion to be relieved as counsel for two clients, Hovsep Joe Demirchian and AAA Construction, Inc. The hearing was noticed and scheduled for June 14, 2024. At the hearing, the court noted that a Notice of Bankruptcy had been filed as to AAA Construction, Inc. on 06/03/2024, and that the case was stayed as to that defendant only. The court ordered, “The Court now Stays the entire case after relieving counsel. The Court hereby stays the case in its entirety.” The court then signed an order relieving counsel as to the client Demirchian only.
On November 5, 2024, plaintiffs filed a Notice of Order of Dismissal of Bankruptcy Case of Defendant/Cross-Complainant AAA Construction, Inc., attaching an order and Notice of Dismissal from the Bankruptcy Court dated September 26, 2024.
At a status conference on December 18, 2024, the court ordered the stay on the case lifted in its entirety.
On January 3, 2025, counsel filed this motion to be relieved as counsel for AAA Construction, Inc., noticing the matter to be heard on February 28, 2025.
On February 10, 2025, plaintiffs and cross-defendants filed a Notice of Bankruptcy Re-Filing of Defendant/Cross-Complainant AAA Construction, Inc., attaching a Notice of Chapter 7 Bankruptcy Case, showing the case had been filed by Debtor AAA Corporation, Inc. on January 20, 2025.
11 USC section 362(a)(1) prohibits the “commencement or continuation, including the issuance or employment of the process, of a judicial…action or proceeding against the debtor…”
The matter is now again subject to a stay due to the bankruptcy filing and the motion to be relieved as counsel is stayed as to the debtor AAA Construction, Inc. The court will order the stay of the entire action reinstated.
RULING:
Motion to be Relieved as Counsel is DENIED WITHOUT PREJUDICE, in light of the Notice of Chapter 7 Bankruptcy Case served on plaintiffs showing a Chapter 7 case was filed by Debtor AAA Corporation, Inc. on January 20, 2025. The Court hereby stays the case in its entirety.
DEPARTMENT D IS CONTINUING TO CONDUCT AND ENCOURAGE
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