Judge: Theresa M. Traber, Case: 23STCV10907, Date: 2025-06-11 Tentative Ruling

Case Number: 23STCV10907    Hearing Date: June 11, 2025    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     June 11, 2025                         TRIAL DATE: May 26, 2026

CASE:                         Serop Bejanian v. Jamie Gao

CASE NO.:                 23STCV10907           

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Attorney Brian Schnieder, Counsel for Defendants Jamie Gao and Sean Kim.

RESPONDING PARTY(S): No response on eCourt as of 6/6/25.

CASE HISTORY:

·         05/16/23: Complaint filed.

·         07/10/23: Cross-Complaint filed.

·         08/25/23: First Amended Cross-Complaint filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for breach of contract and fraud. Plaintiff alleges that Defendant agreed to sell all his rights and interests in a holding company that was jointly owned by the parties but failed to deliver the assets pursuant to the agreement.

Attorney Brian Schneider moves to be relieved as counsel for Defendants.

TENTATIVE RULING:

Attorney Brian Schneider moves to be relieved as counsel for Defendants.

At the outset, Moving Counsel has only served this motion via electronic service, despite his clients effectively lacking representation for the purposes of this motion, which would require service by personal service, overnight mail, or first-class mail (Code Civ. Proc. § 1005,) rather than electronic service. (Code Civ. Proc. § 1010.6.) Thus, the Declaration in Support of Attorney’s Motion to be Relieved as Counsel – Civil, Judicial Council form MC-052, only permits service by mail or personal service.  (See Form MC-052, p. 1.)  Moreover, rather than filing separate moving papers for each Defendant, Moving Counsel has filed a single motion seeking to be relieved as counsel for both Defendants. Under the Code of Civil Procedure and enacting Rules of Court, notice of a Motion to be Relieved as counsel must be directed to “the client.” (Cal. Rules of Court Rule 3.1362(a); Code Civ. Proc. § 284.) Given the nature of the remedy sought, the Court is not inclined to grant relief where the moving counsel has improperly combined the papers with respect to the various clients and failed to serve the moving papers in the manner required for a client responding to such a motion.

If Moving Counsel wishes to be relieved, Moving Counsel must file separate motions, declarations, and proposed orders setting forth good cause to be relieved as to each client and serve the papers on the client by personal service, overnight mail, or U.S. mail.

            Accordingly, Attorney Brian Schneider’s Motion to be Relieved as Counsel is DENIED.

            This ruling is conditioned on Moving Counsel giving notice to all parties and filing proof of service with the Court.

IT IS SO ORDERED.

Dated:  June 11, 2025                         ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.