Judge: Stephen P. Pfahler, Case: 23STCV03450, Date: 2024-01-29 Tentative Ruling
Case Number: 23STCV03450 Hearing Date: January 29, 2024 Dept: 68
Dept. 68
Date: 1-29-24
Case # 23STCV03450
Trial Date: 11-25-24
RELIEVED AS COUNSEL
MOVING
ATTORNEY: Henry Lee
CLIENT:
Defendant/Cross-Complainant, Jeff Kern
RELIEF REQUESTED
Motion to Be Relieved as Counsel
of Record
SUMMARY OF ACTION
Plaintiff APB Properties, LLC alleges entry into a contract
with defendant Jeff Kern for the sale of a commercial property located at 6342
Pacific Blvd., Huntington Park. During escrow a series of counter offers were
exchanged, with an allegedly new, executed agreement and a May 31, 2022, escrow
closing date. Escrow never closed.
On February 16, 2023, Plaintiff a complaint for Breach of
Written Contract, and Declaratory Relief. On April 13, 2023, Kern filed a
cross-complaint for Breach of Contract, and Declaratory Relief. On May 19,
2023, the court granted Plaintiff’s motion to compel arbitration.
On December 27, 2023, the court removed the case from
arbitration and terminated the stay.
RULING: Granted.
Counsel for defendant Jeff Kern moves to be relieved as counsel
of record, due to a loss of contract with the client and outstanding, unpaid
bills. The client also refuses to participate or pay arbitration fees as well.
The declaration in
support of service both represents a lack of communication for “over five
months” and a “complete” loss of communication, yet represents confirmation of
the last known address via telephone and conversation within 30 days of the
application. The application was both e-mailed and served at the last known
address. The court finds valid service occurred via electronic mail and/or mail
forwarding (if applicable), notwithstanding the incongruence between the basis
of the motion and declaration.
The motion
complies with all procedural requirements. The motion is therefore granted.
Trial currently set for November 25, 2024.
Order not effective until service on the client.
Moving
attorney to provide notice.