Judge: Virginia Keeny, Case: 20VECV00489, Date: 2023-01-20 Tentative Ruling

Case Number: 20VECV00489    Hearing Date: January 20, 2023    Dept: W

AMRAM YAHALOM, et al. v. NAZARET CHAKRIAN, et al.

MOTION TO BE RELIEVED AS COUNSEL

Date of Hearing:        January 20, 2023                  Trial Date:       January 30, 2023

Department:              W                                            Case No:         20VECV00489

Moving Party:            Geoffrey G. Melkonian, counsel of record for Defendants Rafael Mendez and Yermo Truck Stop, Inc.  

Responding Party:     None

Notice:                        Proper

FACTUAL BACKGROUND

This case arises out of an alleged series of fraudulent and otherwise illegal transactions perpetrated on Plaintiffs by Defendants. Plaintiffs allege Defendants took over $1,400,000.00 of money from Plaintiffs, and additionally obtained loans and extensions of credit in the name of Plaintiff Amram Yahalom without his knowledge or consent, between December 2008 and April 2019. Plaintiffs further allege Defendants utilized the notary services provided by the UPS Sunset Blvd Store, which Chakrian had allegedly used since January 1, 2013.

On April 13, 2020, Plaintiffs Amram Yahalom, Sylvia Woolhouse Yahalom, Amram Yahalom, as Trustee of The Amram Yahalom Trust Dated August 3, 2000; Amram Yahalom and Sylvia Woolhouse Yahalom, as Trustees of The Yahalom Community Property Trust Dated April 11, 2013 initiated the instant action against Defendants Nazaret Chakrian, Alice Chakrian, Nelson Sargsyan, Rafael S. Mendez, Jason Mirza, Garcher Enterprises, Inc., Cheryl Williams, Gary Williams, The Ups Store, Inc., NAMR2617, LLC, and Yermo Truck Stop, Inc.

Plaintiffs dismissed Defendants Garcher Enterprises, Inc., Cheryl Williams, and Gary Williams as defendants on April 28, 2020.

On May 11, 2020, Plaintiffs named MBZ Enterprises Inc., Michael Zouain, Brandie Zouain as doe defendants.

On August 24, 2020, Plaintiffs filed a First Amended Complaint asserting causes of action for (1) Breach of Contract; (2) Fraud; (3) Neglignent Misrepresentation; (4) Breach of Fiduciary Duty; (5) Elder Financial Abuse; (6) Invasion of Privacy (Count 1); (7) Invasion of Privacy (Count 2); (8) Violation of Business and Professions Code 17200 et seq.; (9) Negligence Per Se; and (10) Accounting.

TENTATIVE RULING: GRANT

Counsel contends Rafael Mendez has not cooperated in the litigation and does not respond to requests to do so. Further, Counsel has been advised by Defendant Chakrian that Mr. Mendez passed away on July 10, 2021, although he has never seen or been able to obtain a death certificate and he has no other contact information for Mr. Mendez’s next of kin. Counsel further contends Yermo Truck Stop, Inc. has not cooperated in the litigation and does not respond to requests to do so.

Trial is this month. This leaves Defendant Yermo little time or opportunity to retain new counsel and effectively attend trial. However, Counsel attests Yermo has signed a Substitution of Attorney agreeing to the substitution. The declaration is missing the attachment. If Counsel can provide the attachment before the hearing, the court will grant his motion to be relieved as counsel. The court finds Counsel has provided a proper basis for withdrawal for Defendant Mendez.

Accordingly, the motions to be Relieved as Counsel are tentatively GRANTED.