Judge: Stephen P. Pfahler, Case: 20STCV04372, Date: 2024-08-28 Tentative Ruling

Case Number: 20STCV04372    Hearing Date: August 28, 2024    Dept: 68

Dept. 68

Date: 8-28-24

Case: 20STCV04372

Trial Date: 12-2-24

RELIEVED AS COUNSEL OF RECORD

MOVING ATTORNEY: Candace Nam, Gordon Rees

CLIENT:  Defendant, Turbine International, LLC

RELIEF REQUESTED

Motion to Be Relieved as Counsel of Record

SUMMARY OF ACTION

On April 11, 2024, Plaintiff filed a complaint for Breach of Contract (three separate causes of action). On March 18, 2020,  Turbine International, LLC answered and filed a cross-complaint against Capstone Turbine Corporation and James Coruse for 1. Breach of Contract [MDA] 2. Breach of Promissory Note 3. Breach of Contract [AR Agreement] 4. Fraud 5. Breach of the Covenant Of Good Faith and Fair Dealing 6. Unjust Enrichment and Constructive Trust 7. Negligent Misrepresentation 8. Violation of The Unfair Practices Act, Bus. & P. Code §17200, Et. Seq. 9. Violation of Racketeer Influenced Corrupt Organizations Act, and 10.Conspiracy to Commit Fraud.

On August 19, 2020, the court granted Plaintiff leave to file a first amended complaint. On August 25, 2020, Plaintiff filed a first amended complaint for Breach of Contract, Breach of Contract/Guaranty, and Promissory Fraud.

RULING: Granted.

Counsel for Defendant Turbine International, LLC moves to be relieved as counsel of record, due to an “irreconcilable differences,” and “unreasonable difficulty” in representing the client.

The motion complies with all procedural requirements. The motion is granted.

Order not effective until served on the client. The corporate entities cannot appear in the action without representation from an admitted attorney. (Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 731.)

Four additional motions to be relieved as counsel for additional defendants scheduled from September 11, through September 30, 2024.

Moving counsel to provide notice to all parties.