Judge: Virginia Keeny, Case: 21STCV07322, Date: 2025-02-11 Tentative Ruling

Case Number: 21STCV07322    Hearing Date: February 11, 2025    Dept: 45

SHAHAB KHANGHOLI V. PATRIOT HYUNDAI OF EL MONTE, ET AL.

MOTION TO BE RELIEVED AS COUNSEL

Date of Hearing:          February 11, 2025                   Trial Date:       April 14, 2025

Department:               45                                            Case No:          21STCV07322

Moving Party:             Duncan J. McCreary, counsel of record for Defendants

Responding Party:       None.

Notice:                         Not Proper

FACTUAL BACKGROUND

Plaintiff Shahab Khangholi (Plaintiff) filed a complaint against defendant Patriot Hyundai of El Monte (Hyundai) for causes of action related to delaying or refusing to pay commissions, and firing Plaintiff in retaliation.

On February 24, 2021, Plaintiff’s Complaint asserted claims for 1) Wrongful Termination in Violation of Labor Code § 1102.5(b); 2) Wrongful Termination in Violation of Public Policy; 3) Failure to Pay Wages in Violation of Labor Code §§ 201, 204.1; 4) Violation of Business and Professions Code § 17200; 5) Waiting Time Penalties in Violation of Labor Code § 203; 6) Negligent Infliction of Emotional Distress; 7) Intentional Infliction of Emotional Distress; and 8) Violation of Labor Code §§ 1198.5, 432.

On March 28, 2023, Plaintiff filed an Amendment to Complaint to name Sam Agha as Doe 1.

On January 6, 2025, Duncan J. McCreary (“Counsel”) filed two motions to be relieved as counsel for defendants Hyundai and Sam Agha (collectively, Defendants). Defendants do not oppose. 

TENTATIVE RULING: DENY

Counsel seeks to be relieved on the grounds there has been a breakdown in the attorney-client relationship and inability to communicate with the Defendants.

Counsel has partially complied with the requirements of California Rules of Court rule 3.1362 by filing forms MC-051 and MC-052 and lodging with the Court a copy of the proposed order on form MC-053 as to both Defendants. However, both MC-052s incorrectly state that there is no trial date and fail to include the next hearing scheduled for April 1, 2025. In addition, Counsel does not provide evidence showing that he served all parties in this case. The proof of service shows Counsel only served Sam Agha via email.

Further, it appears Defendants may suffer prejudice due to their upcoming trial set for April 14, 2025.

Accordingly, the two Motions to be Relieved as Counsel for Patriot Hyundai of El Monte and Sam Agha is DENIED.