Judge: Virginia Keeny, Case: 20VECV01388, Date: 2022-09-27 Tentative Ruling

Case Number: 20VECV01388    Hearing Date: September 27, 2022    Dept: W

MARK A. LIKER v. ELIEZER APPEL, et al.

MOTION TO BE RELIEVED AS COUNSEL

Date of Hearing:          September 27, 2022               Trial Date:       Not yet scheduled

Department:               W                                             Case No.:         20VECV01388

Moving Party:             Helene J. Farber, counsel of record for Lockhart Development, Inc., and Cochran, Inc.

Responding Party:       None

Notice:                         Not proper as discussed below 

BACKGROUND

Plaintiff Mark A. Liker (“Plaintiff”) alleges Defendant Eliezer Appel (“Appel”), in his capacity as a California licensed attorney, instructed Plaintiff to purchase certain real property for $250,000.00. In return, Appel promised plaintiff a return on his investment at a legal rate and promised that Plaintiff would take ownership of the real property or that the property would secure Plaintiff’s investment.

Plaintiff further alleges Appel concealed from Plaintiff “the fact that Plaintiff did not own the property or the company that took title to the property,” and that Plaintiff took plaintiff’s investment for his own gain. (Compl. FR-3(a).)

On November 24, 2020, Plaintiff filed his complaint against defendants Appel, Lockhart Development, Inc. (“Lockhart”), Cochran, Inc. (“Cochran”), and Does 1 to 10 asserting a single cause of action for fraud.

On February 11, 2021, Lockhart filed a cross-complaint against Plaintiff.

On July 29, 2021, the Court granted Plaintiff’s motion to strike the cross-complaint under Code of Civil Procedure section 425.16 (an anti-SLAPP motion) and dismissed Lockhart’s cross-complaint with prejudice.

On September 20, 2022, the Court sustained demurrers to the complaint by Lockhart and Cochran with leave to amend.

Helene J. Farber (“Counsel”) filed the instant motions to be relieved as counsel for Lockhart and Cochran on September 14, 2022 and September 15, 2022 respectively.

There is no filed opposition.

[Tentative] Ruling

Counsel Helene J. Farber’s Motions to be Relieved as Counsel for Lockhart Development, Inc., and Cochran, Inc., are DENIED WITHOUT PREJUDICE.

DISCUSSION

The hearing date for this motion is September 27, 2022, which means papers must be filed and served by no later than September 1, 2022, i.e., 16 court days before the hearing, if service is done personally. (Code Civ. Proc., § 1005, subd. (b).)

Counsel filed the motions on September 14, 2022 and September 15, 2022. Therefore, Counsel untimely filed the motions. Additionally, the proofs of service show service on Cochran via email on September 13, 2022 and Lockhart via email on September 15, 2022. The Court also notes that the proposed orders designate personal service but with clarifying hand wring that service was done only via electronic service. (Proposed Order ¶ 3.) Therefore, Counsel untimely served the motions.

Accordingly, the Court DENIES WITHOUT PREJUDICE Counsel’s motions.