Judge: Virginia Keeny, Case: 21VECV01304, Date: 2022-12-21 Tentative Ruling

Case Number: 21VECV01304`    Hearing Date: December 21, 2022    Dept: W

WOODLAND HILLS ENTERTAINMENT, LLC V. THE IDEAL DEVELOPERS, INC.

MOTION TO BE RELIEVED AS COUNSEL

Date of Hearing:        November 21, 2022                         Trial Date:       September 25, 2023

Department:              W                                                        Case No:         21VECV01304

Moving Party:            Joon Song, counsel of record for Defendants The Ideal Developers, Inc. dba Ideal Construction, Peter Girgis, Ranie San, and Ray Tapia

Responding Party:     None

Notice:                        Proper

FACTUAL BACKGROUND

On September 29, 2021, Plaintiff Woodland Hills Entertainment, LLC filed a complaint against Defendants The Ideal Developers, Inc. dba Ideal Construction, Peter Girgis, Ranie San, and Ray Tapia asserting causes of action for (1) Breach of Written Contract; (2) Fraud and Deceit – Intentional Misrepresentation of Fact; (3) Fraud and Deceit - Negligent Misrepresentation of Fact; (4) Money Had and Received; and (5) Negligence.

Plaintiff alleges in the fall of 2020, Plaintiff began discussions with West Valley Owner, LLC, commonly known as Westfield, to open a restaurant called the Copia Lounge at The Village at Westfield Topanga. On December 8, 2020, Plaintiff obtained a construction bid from Defendant Ideal to build out the Premises once Plaintiff entered into a finalized lease with Westfield. Defendant Girgis is the CEO, CFO, and director of Ideal, Defendant Tapia is the managing officer and Defendant San is an officer of Ideal. As part of constructing at Westfield, Ideal was to complete Access Permit to Work package of documents from Westfield. However, Plaintiff alleges Defendant failed to provide the required documentation for early entry and as a result of Ideal’s failure to comply with the terms required by Westfield, the relationship between Plaintiff and Westfield irreparably soured, and on April 5, 2021, Westfield informed Plaintiff that it would not be moving forward with the Lease.

On June 1, 2022, The Ideal Developers, Inc. dba Ideal Construction filed an amended cross-complaint against Woodland Hills Entertainment, LLC asserting breach of contract.

TENTATIVE RULING: GRANT

Counsel contends there has been an irreconcilable difference between attorney and client, including differences in strategy, and a breakdown in communication between the parties, upon which counsel is seeking relief.

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 Defendants’ last known address via public records.

The court notes the Final Status Conference is set for September 15, 2023 and trial is set for September 25, 2023.

Counsel is to also warn corporate Defendant that it can only appear through counsel because it is a corporation, and corporations cannot proceed in pro per.

Accordingly, the motions to be Relieved as Counsel as to Defendants The Ideal Developers, Inc. dba Ideal Construction, Peter Girgis, Ranie San, and Ray Tapia are GRANTED.