Judge: Stephen P. Pfahler, Case: 21CHCV00496, Date: 2023-04-27 Tentative Ruling

Case Number: 21CHCV00496    Hearing Date: April 27, 2023    Dept: F49

Dept. F-49

Date: 4-27-22 (a/f 6-28-23 via 3-209=23 ex parte)                                                      

Case # 21CHCV00496

Trial Date: 8-7-23 c/f 5-8-23

RELIEVED AS COUNSEL

MOVING ATTORNEY: Michael Lubin, et al.

CLIENT: Defendant, Plaintiff, Arne Cheifer

RELIEF REQUESTED

Motion to Be Relieved as Counsel of Record

SUMMARY OF ACTION

Plaintiff Arne Cheifer owns and occupies a dwelling unit governed by Defendant Aliento Master Association. Plaintiff suffers from sciatica disease, as well as a tumor in his lumbar spine, which renders rotation of his body painful. At the time Plaintiff purchased his home in October 2019, he requested the right to park his vehicles outside his home in order to allow the full opening of the car door without the need of any rotation to enter or exit the vehicle. Defendant agreed.

In March 2020, Defendant began sending notice demanding Plaintiff park his vehicle in the garage. Although the garage is designed to park two vehicles, Plaintiff maintains he cannot park in his garage with two vehicles inside the garage and fully open the door in order to exit the vehicle. Plaintiff demanded an accommodation, which was not granted.

On July 2, 2021, Plaintiff filed a complaint for Disability Discrimination under the Fair Employment and Housing Act, Failure to Comply with Civil section 5200, et seq., and Declaratory Relief. On August 19, 2021, Defendant answered the complaint.

On September 2, 2021, the court granted Plaintiff’s ex parte application for a temporary restraining order enjoining any rule enforcement requiring the parking spot for Plaintiff’s vehicle, and set the hearing for preliminary injunction. Plaintiff separately filed the motion for preliminary injunction on September 24, 2021. On October 22, 2021, the court granted the preliminary injunction

RULING: Granted

Counsel for Plaintiff Arne Cheifer moves to be relieved as counsel of record for undisclosed reasons counsel maintains are protected by the attorney client privilege.

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

Order not effective until service on the client.

Trial remains set for 8-7-23.

Moving Counsel to provide notice.