Judge: Robert S. Draper, Case: 21STCV37630, Date: 2023-05-08 Tentative Ruling
Case Number: 21STCV37630 Hearing Date: May 8, 2023 Dept: 78
Superior Court of California
County of Los Angeles
Department 78
GLENDALE I MALL ASSOCIATES, L.P.,
Plaintiff,
vs.
GLENDALE FRENCH BOUTIQUE CAFE, LLC, et al.,
Defendants. Case No.: 21STCV37630
Hearing Date: May 8, 2023
[TENTATIVE] RULING RE:
ATTORNEY DRO MENASSIAN’S MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANTS GLENDALE FRENCH BOUTIQUE CAFÉ, LLC AND ANASTASIA PUKHALSKAYA.
Attorney Dro Menassian’s Motions to be Relieved as Counsel for Defendants Anastasia Pukhalskaya and Glendale French Boutique Café, LLC are GRANTED.
Counsel must serve proof of service of the signed MC-053 on Defendants, as well as all other parties, by mail and also electronically if Counsel has email addresses and file proof of service of such notice within five court days after the date of this order.
FACTUAL BACKGROUND
This is an action for breach of lease. The Complaint alleges as follows.
Plaintiff Glendale I Mall Associates, L.P. (“Plaintiff”) owns the Glendale Galleria (the “Galleria”). (Compl. ¶ 7.) On September 26, 2017, Plaintiff entered into a lease agreement with defendant Glendale French Boutique Café, LLC (“GFBC”). (Compl. ¶ 9.) GFBC breached the terms of the lease by refusing to pay rent and other amounts due under the Lease. (Compl. ¶ 11.) Defendants Stanislav Dudko (“Dudko”) and Anastasia Pukhalskaya (“Pukhalskaya”) signed a Guaranty Agreement as to the Lease. (Compl. ¶ 14.)
PROCEDURAL HISTORY
On October 12, 2021, Plaintiff filed the Complaint asserting two causes of action:
1. Breach of Lease Agreement; and,
2. Breach of Written Guaranty.
On December 14, 2021, defendants GFBC and Pukhalskaya filed an Answer.
On February 9, 2022, default was entered against Dudko.
On February 7, 2023, attorney Dro Menassian (“Menassian”) filed the instant Motions to be Relieved as Counsel for Defendant Anastasia Pukhalskaya and for Defendant Glendale French Boutique Café, LLC.
On May 3, 2023, the Court held a hearing on Menassian’s motion as to Pukhalskaya. The Court continued that hearing on the 8th so that Menassian could file amended proposed orders as to both defendants.
Also on May 3, 2023, Menassian filed amended proposed orders as to both defendants.
No Opposition has been filed.
DISCUSSION
Attorney Dro Menassian moves to be relieved as counsel for Defendants Anastasia Pukhalskaya and Glendale French Boutique Café, LLC.
California Rule of Court rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be 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 section 284(2) is brought instead of filing a consent under Code of Civil Procedure 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 and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil form (MC-053)).
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. (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)
Here, Menassian states that defendants refuse to pay a past due unpaid invoice.
Additionally, after amending the proposed orders, Menassian’s motions are now in full compliance with rule 3.1362.
Accordingly, Menassian’s Motions to be Relieved as Counsel for Defendants Glendale French Boutique Café, LLC and Anastasia Pukhalskaya are GRANTED.
The Court notes that defendant Glendale French Boutique Café, LLC is a corporate entity. An entity must be represented by a lawyer in legal proceedings and may not represent itself (either directly or through a non-lawyer agent) in litigation, as such an act would be the unauthorized practice of law. (See e.g. Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101.)
As such, the Court sets an OSC Re: Defendant Glendale French Boutique Café, LLC’s representation for thirty days from hearing.
CONCLUSION
Attorney Dro Menassian’s Motions to be Relieved as Counsel for Defendants Anastasia Pukhalskaya and Glendale French Boutique Café, LLC are GRANTED.
DATED: May 8, 2023
____________________________
Hon. Jill T. Feeney
Judge of the Superior Court
