Judge: Teresa A. Beaudet, Case: 21STCV06515, Date: 2023-03-01 Tentative Ruling
Case Number: 21STCV06515 Hearing Date: March 1, 2023 Dept: 50
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ARMEN TEMURIAN, et al., Plaintiffs, vs. SATHIYA ARAJ
RASIAH, et al., Defendants. |
Case No.: |
21STCV06515 |
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Hearing Date: |
March 1, 2023 |
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Hearing Time: |
10:00 a.m. |
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[TENTATIVE]
ORDER RE: (2) MOTIONS TO BE RELIEVED AS COUNSEL |
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Eugene
S. Alkana of Eugene S. Alkana, APLC (“Counsel”) moves to be relieved as counsel
for Plaintiffs Armen Temurian and Luis Amaya, individually, and dba Vista
Network Technologies USA, and dba Vista Network (jointly, “Plaintiffs”)
While Counsel has provided sufficient reason
for withdrawal, it is not clear that Plaintiffs were served with both motions
to be relieved as counsel. Counsel filed an amended proof of service on January
25, 2023, which indicates that “NOTICE OF MOTION AND MOTION TO BE RELIEVED
AS COUNSEL-CIVIL, DECLARATION IN SUPPORT OF ATTORNEY’S MOTION TO BE RELIEVED AS
COUNSEL-CIVIL, ORDER GRANTING ATTORNEY’S MOTION TO BE RELIEVED AS COUNSEL –
CIVIL” was served on the attorney for Defendants and Plaintiffs on January 24,
2023. Thus, it appears only one of the motions was served on all parties
(although it is not clear which one).
Pursuant to Cal. Rules of Court, rule 3.1362, subdivision (d), “[t]he notice
of motion and motion, the declaration, and the proposed order must be served on
the client and on all other parties who have appeared in the case.”
In addition, Item 1 of the proposed order (Form
MC-053) pertaining to the motion to be relieved as counsel for Luis Amaya states
that Counsel moves to be relieved as counsel for “Plaintiff Luis Amaya, indiv.
and dba Vista Network.” However, the caption page of the Complaint lists
plaintiff “LUIS AMAYA, individually, and dba Vista Network Technologies USA,
and as Vista Network.”
Similarly,
Item 1 of the proposed order
pertaining to the motion to be relieved as counsel for Armen Temurian
states that Counsel moves to be relieved as counsel for “Plaintiff Armen
Temurian, indiv. and dba Vista Network.” However, the caption page of the
Complaint lists plaintiff “ARMEN TEMURIAN…individually, and dba Vista Network
Technologies USA, and as Vista Network.”
Because of the issues identified above, the
motions are denied without prejudice. Counsel is ordered to give notice of this
order.
DATED:
Hon.
Teresa A. Beaudet
Judge,
Los Angeles Superior Court