Judge: Stephen P. Pfahler, Case: 23STCV14488, Date: 2025-04-15 Tentative Ruling

Case Number: 23STCV14488    Hearing Date: April 15, 2025    Dept: 68

Dept. 68

Date: 4-15-25

Case #23STCV14488

Trial Date: 9-29-25 c/f 7-14-25

RELIEVED AS COUNSEL OF RECORD

MOVING ATTORNEY: Christopher Feasel

CLIENT: Unopposed/Defendant, Defense International, Inc.

RELIEF REQUESTED

Motion to Be Relieved as Counsel of Record

SUMMARY OF ACTION

On November 1, 2021, plaintiff Lauren Swaim commenced a lease for Apartment 202 in 548 Spring Street. The building was owned and/or managed by defendant Greystar California, Inc., (Greystar) Defense International Corporations, Inc. and four entities identified as SBDTLA 1, LLC, SBDTLA 2, LLC SBDTLA 3, LLC and SBDTLA 4. Plaintiff alleges employed/contracted security services for the building. On June 21, 201, Plaintiff entered the building, and alleges an unidentified security guard “aggressively approached Plaintiff, began showing threats and obscenities ... trapped her in an elevator, and violently struck Plaintiff...”

Plaintiff separately alleges unsafe living conditions on the premises, including mold, rodent and insect infestation, and unsafe construction zone areas. Plaintiff identifies as disabled under Civil Code section 1761.

On June 21, 2023, Plaintiff filed a complaint for Assault, Battery, Intentional Infliction of Emotional Distress, False Imprisonment, Negligence, Tenant Harassment in Violation of Civil Code section 1940.2, Tenant Harassment in Violation of FEHA (Government Code section 12955), Breach of Implied Warranty of Habitability, Breach of Implied Covenant of Quiet Enjoyment, Violation of Los Angeles Municipal Code article 5.3, Violation of Los Angeles County Code section 8.52.130, and Bad Faith Retention of Security Deposit. On November 3, 2023, the court sustained the demurrer to the complaint and granted the motion to strike punitive damages. On November 22, 2023, Plaintiff filed a first amended complaint.

On January 23, 2024, the court overruled the demurrer Greystar, and granted the motion to strike without prejudice/with 30 days leave to amend. On January 26, 2024, Defendant Defense International Corporations, Inc. answered the first amended complaint. On March 5, 2024, Greystar answered the first amended complaint and filed a cross-complaint against SBDTLA 1, LLC, SBDTLA 2, LLC SBDTLA 3, LLC and SBDTLA 4 for Contractual Indemnity, Equitable Indemnity, Contribution, and Declaratory Action. SBDTLA 1, LLC, SBDTLA 2, LLC SBDTLA 3, LLC and SBDTLA 4 answered the complaint on April 17, 2024. Ochoa answered the first amended complaint on April 26, 2024. On June 3, 2024, SBDTLA 1, LLC, SBDTLA 2, LLC SBDTLA 3, LLC and SBDTLA 4 answered the cross-complaint.

RULING: Granted.

Counsel for Defense International, Inc. moves to be relieved as counsel of record due to a breakdown of the attorney client relationship thereby impeding effective representation.

The motion lacks a lodged and served order for relief of counsel (form MC-053). (Cal. Rules Ct., rule 3.1362(e).) The court will allow the motion to proceed. Counsel is ordered to draft and submit an order to the court. Upon return of the signed order, Counsel must serve the client. The order will not be effective unless and until the signed order is served on the corporate entity. The corporate entity may not appear in the action without the representation of counsel.

The motion is therefore only granted pending compliance with service of the signed order on the client. Moving attorney remains as counsel record unless and until proof of compliance.

Motion to compel deposition of PMK set for June 24, 2025. Trial remains set for September 29, 2025.

Moving counsel to provide notice to all parties.