Judge: Upinder S. Kalra, Case: 23STCV26279, Date: 2024-11-18 Tentative Ruling
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Case Number: 23STCV26279 Hearing Date: November 18, 2024 Dept: 51
Tentative Ruling
Judge Upinder S.
Kalra, Department 51
HEARING DATE: November
18, 2024
CASE NAME: Arden
Silverman dba Capital Asset Protection v. Daniel Holbus et al.
CASE NO.: 23STCV26279
MOTION
TO BE RELIEVED AS COUNSEL
MOVING PARTY: Farhad
Novian, Esq., counsel for Daniel Holbus and DMH Aesthetics LLC (Counsel)
RESPONDING PARTY(S): None as of November 12, 2024
REQUESTED RELIEF:
1. An
Order relieving Farhad Novian, Esq. and his firm Novian & Novian LLP as
counsel for Defendants Daniel Holbus and DMH Aesthetics LLC.
TENTATIVE RULING:
1. Motion
to be Relieved as Counsel is GRANTED.
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
On October 27, 2023, Plaintiff Arden Silverman dba Capital
Asset Protection (Plaintiff) filed a Complaint against Defendants Daniel Holbus
and DMH Aesthetics, LLC (Defendants) with one cause of action for Common
Counts. According to the Complaint, Plaintiff is the assignee of the subject
debt Defendants owed to Dunn, Pariser & Peyrot.
On January 8, 2024, Plaintiff filed proofs of service of
summons via substituted service to each defendant. According to the proofs of
service, Defendant Daniel Holbus was served via substituted service on November
6, 2023 and defendant DMH Aesthetics, LLC was served via substituted service on
November 17, 2023.
On January 18, 2024 (and again on February 13, 2024),
Plaintiff filed a Request for Dismissal as to DOES 1-10 only.
On January 18, 2024, Plaintiff filed a Request for Entry of
Default as to each defendant, which was entered that same day.
On
April 3, 2024, Defendants Daniel Holbus and DMH Aesthetics LLC
filed an Answer.
On August 2, 2024, Counsel filed the instant motion to be
relieved as counsel for Defendants Daniel Holbus and DMH Aesthetics LLC.
On October 14, 2024, the court advanced the hearing on the
instant motion from November 27, 2024 to November 4, 2024.
On November 4, 2024, the court continued the hearing on the
instant motion to November 18, 2024 per Counsel’s request. Counsel served
notice of the continued hearing date on all parties.
LEGAL STANDARD:
The court may order that an attorney be changed or
substituted at any time before or after judgment or final determination upon
request by either client or attorney and after notice from one to the other.¿¿
(Code of Civ. Proc., § 284,¿subd. (b).)¿ An attorney is permitted to withdraw
where conflicts between the attorney and client make it unreasonable to
continue the representation.¿ (See Cal. Rules of Prof. Conduct 3-700(C)(1).)¿
“The determination whether to grant or deny a motion to withdraw as counsel lies
within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court¿(1998) 66 Cal.App.4th 1128,
1133.)¿¿¿¿
¿¿
An application to be relieved as counsel must be made on
Judicial Counsel Form MC-051 (Notice of Motion and Motion) (Cal. Rules of Court
3.1362(a)), MC-052 (Declaration) (Cal. Rules of Court 3.1362(c)), and MC-053
(Proposed Order) (Cal. Rules of Court 3.1362(e)).¿¿¿¿
¿¿
Further, the requisite forms must be served on the client
and all other parties who have appeared in the case.¿ (Cal. Rules of Court
3.1362(d).)¿ The court may delay effective date of the order relieving counsel
until proof of service of a copy of the signed order on the client has been
filed with the court.¿ (Cal. Rules of Court 3.1362(e).)¿¿
ANALYSIS:
Counsel moves to be relieved as counsel for Defendants
Daniel Holbus and DMH Aesthetics LLC. Counsel seeks this relief due to a breakdown
in attorney-client communications, including client’s failure to provide
requested and necessary documents to continue the representation and client’s
failure to communicate with Counsel. (Attorney Decl., Item 2.) Counsel
indicates they confirmed client’s address within the last thirty days via
email. (Attorney Decl., Item 3(b).)
Here, Counsel has complied with the requirements of Cal.
Rules of Court, rule 3.1362. Client has not provided an opposition.
Accordingly, the court GRANTS the motion to be relieved
as counsel.
CONCLUSION:
For
the foregoing reasons, the Court decides the pending motion as follows:
1. Motion
to be Relieved as Counsel is GRANTED effective upon filing proof of service on
their client of this order.
Moving party is to give notice.
IT IS SO ORDERED.
Dated: November 18, 2024 __________________________________ Upinder
S. Kalra
Judge
of the Superior Court