Judge: Stephen P. Pfahler, Case: 20CHCV00655, Date: 2023-03-15 Tentative Ruling

Case Number: 20CHCV00655    Hearing Date: March 15, 2023    Dept: F49

Dept. F-49

Date: 3-15-23

Case #20CHCV00655

Trial Date: 5-30-23

RELIEVED AS COUNSEL

MOVING ATTORNEY: Catherine Mason

RESPONDING PARTY: Defendant, Daedalus Construction Group, Inc.

RELIEF REQUESTED

Motion to Be Relieved as Counsel for Defendant Daedalus Construction Group, Inc.

SUMMARY OF ACTION

On June 16, 2020, Plaintiff Menco Pacific, Inc. and Defendant Daedalus Construction Group, Inc. entered into a Joint Venture Agreement, whereby the parties agreed to cooperate on a construction project(s). [Comp., Ex. A.] According to Plaintiff, the parties agreed the agreement would expire on October 31, 2020. On July 1, 2020, the parties acquired a contract with third party Southern California Gas Company for the installation of gas meters at certain residential properties. Work commenced on 86 sites.

On September 15, 2020, Defendant Reginald Mason, principal of Daedalus Construction Group, Inc., issued a Notice of Termination of Relationship. Plaintiff alleges that beginning on October 1, 2020, Defendants “initiated a campaign” to disparage the reputation of Plaintiff, and it’s principal, Oscar Mendoza. Plaintiff alleges Defendant’s statements renders potential future contract work for Southern California Gas Company in jeopardy.

On October 23, 2020, Plaintiff filed a complaint for Breach of Written Contract, Breach of Implied Covenant of Good Faith and Fair Dealing, Unfair Competition – Violation of Business and Professions Code section 17200, Tortious Breach of Written Contract, Intentional Interference with Contractual Relations, Breach of Fiduciary Duty, Breach of Duty of Loyalty, and Declaratory Relief.

On November 30, 2020, Daedalus Construction Group, Inc. filed a demurrer and cross-complaint against Menco Pacific, Inc. for Fraud, Accounting, Breach of Written Contract, Breach of the Implied Covenant of Good Faith and Fair Dealing, Tortious Beach of Written Contract, Breach of Fiduciary Duty, and Breach of Fiduciary Duty of Loyalty. Menco Pacific, Inc. answered the cross-complaint on December 30, 2021.

On April 26, 2021, the court sustained the unopposed demurrer of Daedalus Construction Group, Inc. to the third cause of action for Unfair Competition—Violation of Business and Professions Code section 17200 with 30 days leave to amend.

On June 16, 2021, Oscar Mendoza answered the Daedalus Construction Group, Inc. cross-complaint. On September 27 and 30, 2021, Daedalus Construction Group, Inc. and Reginald Mason answered the remaining causes of action in the first amended complaint.

RULING: Granted.

Counsel for defendant Daedalus Construction Group, Inc. moves to be relieved as counsel of record, due to the “winding down” of counsel’s practice and therefore the inability to continue representing the corporate entity. A substitution of attorney was already filed for co-defendant Reginald Mason.

The motion lacks a lodged order for relief of counsel (form MC-053). (Cal. Rules Ct., rule 3.1362(e).) The court will allow the motion to proceed. Counsel is ordered to draft and submit an order to the court. Upon return of the signed order, Counsel must serve the client. The order will not be effective unless and until the signed order is served on the corporate entity. The corporate entity may not appear in the action without the representation of counsel.

Trial remains set for 5-30-23.

Moving Counsel to give notice.