Judge: Stephen P. Pfahler, Case: 24STCV01692, Date: 2024-09-16 Tentative Ruling

Case Number: 24STCV01692    Hearing Date: September 16, 2024    Dept: 68

Dept. 68

Date: 9-16-24

Case: 24STCV01692

Trial Date: 4-14-25

RELIEVED AS COUNSEL OF RECORD

MOVING ATTORNEY: Jason Hass, et al, Ervin Coehn & Jessup LLP

CLIENT:  Defendants, 13001 Vanowen LLC, et al.

RELIEF REQUESTED

Motion to Be Relieved as Counsel of Record

SUMMARY OF ACTION

Plaintiff Ladder Capital Realty III LLC holds certain “commercial real estate loan secured by ... real property” allegedly executed by Defendants 13001 Vanowen LLC, 15042 Dickens LLC, and 21133 Saticoy LLC. Plaintiff alleges Defendants failed to comply with certain terms of agreement.

On January 22, 2024, Plaintiff leave to filed a verified complaint for Specific Performance to Enforce Terms and Provisions of a Deed of Trust, Appointment of a Receiver and Injunctive Relief against All Defendants. On February 6, 2024, the court denied the ex parte order of Plaintiff for appointment of a receiver.

On March 15, 2024, Defendants filed a cross-complaint against Ladder Capital Realty III LLC, Ladder Capital Finance LLC, and Chicago Title Company for 1) Breach Of Contract 2) Breach Of The Implied Covenant Of Good Faith And Fair Dealing 3) Promissory Fraud 4) Wrongful Foreclosure and 5) Declaratory Relief. On March 19, 2024, Defendants answered the complaint.

On April 4, 2024, the court (Dept. 82) granted the motion for preliminary injunction and appointment of a receiver.

On April 15, 2024, the Ladder Cross-Defendants answered the cross-complaint.

On June 6, 2024, the court denied the motion of defendants for preliminary injunction.

RULING: Granted.

Counsel for Defendants 13001 Vanowen LLC, 15042 Dickens LLC, and 21133 Saticoy LLC moves to be relieved as counsel of record for unspecified reasons other than client refusal to voluntarily agree to attorney relief from representation.

The motion complies with all procedural requirements. The court will meet with counsel in chambers, if requested, regarding the basis for the motion. (Bus. & Prof. Code, § 6068, subd. (e); Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133; Aceves v. Superior Court (1996) 51 Cal.App.4th 584, 590- 593.)

The motion is granted.

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

Trial scheduled for April 14, 2025.

Moving counsel to provide notice to all parties.