Judge: Virginia Keeny, Case: 21VECV00886, Date: 2023-04-18 Tentative Ruling

Case Number: 21VECV00886    Hearing Date: April 18, 2023    Dept: W

DR. AKIKUR MOHAMMAD, ET AL V. DR. COLIN PORUS DIAS

MOTION TO BE RELIEVED AS COUNSEL

Date of Hearing:          April 18, 2023                                                 Trial Date:       None set  

Department:               W                                                                     Case No:          21VECV00886

Moving Party:             Robert Marc Hindin, counsel of record for Dr. Akikur Mohammad

Responding Party:       None

Notice:                         Proper

FACTUAL BACKGROUND

On July 7, 2021, Plaintiffs Dr. Akikur Mohammad and Las Virgenes Behavioral Health and Medical Clinic, Inc. filed a complaint against Defendants Dr. Colin Porus Dias and KLC Consultants, P.C. asserting causes of action for breach of written contract, conversion, and fraud: intentional misrepresentation. Plaintiffs allege Plaintiffs and Defendants entered an Asset Purchase Agreement; however, Defendants breached the agreement by failing to pay Plaintiffs’ monthly payments. Plaintiffs further allege Defendants misrepresented that they would pay Plaintiffs for the purchase of the assets and practice of Las Virgenes Clinic.

TENTATIVE RULING: GRANT

Counsel contends since Dr. Mohammad’s incarceration, there has been a decline in the attorney-client relationship, which has led to the existing status of an irreconcilable breakdown in communication between Plaintiffs and himself and his firm, rendering effective representation in this matter impossible. (Hindin Decl. ¶¶6-14.) Moreover, Dr. Mohammad has failed to provide

necessary funds pursuant to the written retainer agreement he executed with this law firm. (Hindin Decl. ¶14.)

Counsel has complied with the requirements of CRC 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. Counsel confirmed Plaintiff’s last known address via telephone and conversation.   

The next scheduled hearing is a Arbitration Setting Conference on April 19, 2023 and a Post Arbitration Status Conference on June 20, 2023. Trial has not yet been set.

Accordingly, the Motion to be Relieved as Counsel is GRANTED.