Judge: Stephen P. Pfahler, Case: 22STCV06608, Date: 2025-01-30 Tentative Ruling

Case Number: 22STCV06608    Hearing Date: January 30, 2025    Dept: 68

Dept. 68

Date: 1-30-25

Case Number: 22STCV06608

Trial Date: 4-14-25 c/f 3-3-25 c/f 10-21-24

RELIEVED AS COUNSEL OF RECORD

MOVING ATTORNEY: Chima Anuanwu

CLIENT:  Cross-Defendant, Melrose Quality Pain Relief, Inc.

RELIEF REQUESTED

Motion to Be Relieved as Counsel of Record

SUMMARY OF ACTION

On February 26, 2018, Plaintiff Melrose Quality Pain Relief, Inc. and Defendant 1041 Wall Street, Inc. entered into a contract identified as the “Option to Purchase License Agreement.” The agreement provided 1041 Wall Street the right to purchase a certain interest in a marijuana business owned by Melrose Quality Pain Relief, Inc. The agreement includes a certain payment schedule for the 12 month option period.

Plaintiff maintains that Defendant Robert Cazarin paid the $100,000 initial deposit, but defaulted on either three or five of the $45,000 monthly installments.

On February 23, 2022, Plaintiff filed a complaint for Breach of Contract, Fraud, Breach of Fiduciary Duty, Interference with Prospective Economic Advantage, and Violation of California Unfair Competition Law, Cal. Bus. & Prof Code§ 17200, et seq. On April 4, 2022Robert Cazarin and 1401 Wall Street answered, and filed a cross-complaint against Abdul Ahmed and Melrose Quality Pain Relief, Inc. for Fraud, Breach of Contract, and Recission. The cross-complaint alleges Cross-Defendants misrepresented their licensing status for legal participation in the marijuana industry.

Cross-Defendants answered the cross-complaint on October 26, 2022. On May 8, 2023, Plaintiff dismissed Donta Foreman and Robert Cazarin without prejudice.

RULING: Denied.

Counsel for Plaintiff Melrose Quality Pain Relief, Inc. moves to be relieved as counsel of record due to a “threat” to counsel and family by CEO Abdul Ahmed. [See Declaration in Support.]

The motion filed on September 30, 2024, and two amended notices of motion filed on October 22, 2024, indicate a hearings date of January 28, while the October 22, 2024, filed declaration in support and lodged order, lists the hearing date as January 21, 2025. A second order alternatively identifies the hearing date as January 28, 2025. The court finds no support for a finding of proper notice as to Melrose Quality Pain Relief, Inc. on the actual January 30, 2025, reserved hearing date. The court therefore finds the entire motion improper. (Cal. Rules of Court, rule 3.1362; see Code Civ. Proc., § 1005, subd. (b).)

The motion as to Melrose Quality Pain Relief, Inc. is denied without prejudice.

Order to Show Cause re: Sanction on calendar for February 20, 2025, with additional motions to be relieved as counsel on calendar March 6, and 11, 2025, respectively. Trial set for April 14, 2025.

Moving counsel to provide notice to all parties.

Dept. 68

Date: 1-30-25

Case Number: 22STCV06608

Trial Date: 4-14-25 c/f 3-3-25 c/f 10-21-24

RELIEVED AS COUNSEL OF RECORD

MOVING ATTORNEY: Chima Anuanwu

CLIENT:  Cross-Defendant, Abdul Ala Ahmed

RELIEF REQUESTED

Motion to Be Relieved as Counsel of Record

SUMMARY OF ACTION

On February 26, 2018, Plaintiff Melrose Quality Pain Relief, Inc. and Defendant 1041 Wall Street, Inc. entered into a contract identified as the “Option to Purchase License Agreement.” The agreement provided 1041 Wall Street the right to purchase a certain interest in a marijuana business owned by Melrose Quality Pain Relief, Inc. The agreement includes a certain payment schedule for the 12 month option period.

Plaintiff maintains that Defendant Robert Cazarin paid the $100,000 initial deposit, but defaulted on either three or five of the $45,000 monthly installments.

On February 23, 2022, Plaintiff filed a complaint for Breach of Contract, Fraud, Breach of Fiduciary Duty, Interference with Prospective Economic Advantage, and Violation of California Unfair Competition Law, Cal. Bus. & Prof Code§ 17200, et seq. On April 4, 2022Robert Cazarin and 1401 Wall Street answered, and filed a cross-complaint against Abdul Ahmed and Melrose Quality Pain Relief, Inc. for Fraud, Breach of Contract, and Recission. The cross-complaint alleges Cross-Defendants misrepresented their licensing status for legal participation in the marijuana industry.

Cross-Defendants answered the cross-complaint on October 26, 2022. On May 8, 2023, Plaintiff dismissed Donta Foreman and Robert Cazarin without prejudice.

RULING: Granted.

Counsel for Cross-Defendant Abdul Ahmed moves to be relieved as counsel of record due to a “threat” to counsel and family. [See Declaration in Support.]

The motion complies with all procedural requirements. The motion is granted. Order not effective until served on the client.

Order to Show Cause re: Sanction on calendar for February 20, 2025, with additional motions to be relieved as counsel on calendar March 6, and 11, 2025, respectively. Trial set for April 14, 2025.

Moving counsel to provide notice to all parties.