Judge: Virginia Keeny, Case: 21STCV41612, Date: 2025-02-20 Tentative Ruling
Case Number: 21STCV41612 Hearing Date: February 20, 2025 Dept: 45
PALMDALE CENTER WESTGATE, LLC., ET AL. V. GABRIEL MAMANN, ET AL.
MOTION
TO BE RELIEVED AS COUNSEL
Date
of Hearing: February 20, 2025 Trial
Date: June 9, 2025
Department:
45 Case
No: 21STCV41612
Moving Party:
Joel D. Deutsch and Ryan D.
Schiedermayer, counsel of record for Defendant
Responding
Party: None.
Notice: Not Proper
FACTUAL
BACKGROUND
Plaintiffs
Palmdale Center Westgate, LLC and Shayan Capital Ventura, LLC (Plaintiffs) filed
a complaint against defendant Gabriel Mamann (Defendant) and Does 1 through 50 for
causes of action relating to residential real property located at 12839 San
Vicente Blvd., Los Angeles, CA.
On
November 12, 2021, Plaintiffs’ Complaint asserted claims for 1) Rescission and
Restitution; 2) Declaratory Relief; 3) Breach of Written Contract; 4) Breach of
Fiduciary Duty; 5) Fraud; and 6) Conversion.
On
January 19, 2022, Defendant filed a cross-complaint alleging 1) Breach of
Written Agreement; 2) Breach of Fiduriciary Duty; 3) Fraud and Deceit; 4)
Restitution; and 5) Declaratory Judgment.
On
January 10, 2025, Joel D. Deutsch and Ryan D. Schiedermayer (“Counsel”) filed a
motion to be relieved as counsel for Defendant. Defendant did not oppose.
TENTATIVE
RULING: CONTINUE
Counsel
seeks to be relieved on the grounds there has been a breakdown in the
attorney-client relationship “such that it is no longer possible for JMBM to
represent the client in a manner that fulfills JMBM’s obligations under the
Rules of Professional Conduct.” (Judicial Form MC-052 p. 1.)
Counsel
has partially complied with the requirements of California Rules of Court rule
3.1362 by filing forms MC-051 and MC-052 and serving them on all parties.
However, Counsel did not file or serve MC-053, which must be served on the
client with the moving papers. See Cal.
Rule of Court 3.1362.
Accordingly,
the Motion to be Relieved as Counsel for Defendant Gabriel Mamann is CONTINUED.