Judge: Stephen P. Pfahler, Case: 22STCV35515, Date: 2024-04-24 Tentative Ruling

Case Number: 22STCV35515    Hearing Date: April 25, 2024    Dept: 68

Dept. 68

Date: 4-25-24

Case # 22STCV35515

Trial Date: 9-3-24

RELIEVED AS COUNSEL

MOVING ATTORNEY: Jonathan Gerber

CLIENT: Defendant, The Ghaoui Group, LLC

RELIEF REQUESTED

Motion to Be Relieved as Counsel of Record

SUMMARY OF ACTION

Plaintiff Craig Graces alleges an agreement to lend Defendant Malvina Ghawai and The Ghauoui Group, LLC $100,000 based on a purported representation that Ghawai was in process of importing $5,000,000 in personal protective equipment from South Korea, and therefore needed a 120 day bridge loan to complete the transaction. Plaintiff was promised a 35% return on investment. The loan was funded in two separate $50,000 wire transfers on March 3 and 5, 2021. Defendants defaulted on the loans.

On November 9, 2022, Plaintiff filed a complaint for Breach of Contract, Fraud—Promise Made without an Intent to Perform, and Conversion. Defendants answered on July 13, 2023.

RULING: Granted.

Counsel for Defendant The Ghaoui Group moves to be relieved as counsel of record, due to an irreconcilable breakdown of the attorney client relationship.

“The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) The court accepts the necessity of client confidentiality, and will meet counsel in chambers, if requested. (Bus. & Prof. Code, § 6068, subd. (e); Manfredi & Levine v. Superior Court, supra, 66 Cal.App.4th at p. 1133; Aceves v. Superior Court (1996) 51 Cal.App.4th 584, 590- 593.) The motion otherwise complies with all procedural requirements. The motion is therefore granted.

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

Trial remains set for September 3, 2024.

Moving attorney to provide notice.