Judge: Virginia Keeny, Case: 22STCV03859, Date: 2025-03-20 Tentative Ruling

Case Number: 22STCV03859    Hearing Date: March 20, 2025    Dept: 45

SECURITY NATIONAL INSURANCE CO., V. SURGE GLOBAL, ET AL.

MOTION TO BE RELIEVED AS COUNSEL

Date of Hearing:          March 20, 2025                       Trial Date:       July 21, 2025

Department:               45                                            Case No:          22STCV03859

Moving Party:             John H. Oh, counsel of record for Defendant Hooman Golian

Responding Party:       None.

Notice:                         Proper

FACTUAL BACKGROUND

Security National Insurance Company (Plaintiff) filed suit against multiple defendants, including Defendant Hooman Golian (Client). Client is the stockholder, officer, and director of Bubbles Bakery Inc. Plaintiffs allege that Client lied to them in order to pay lower insurance premiums for his businesses.

On January 1, 2022, Plaintiffs brought a Creditor Suit in Aid of Enforcement of Judgment against all defendants.

On February 18, 2025, John H. Oh (“Counsel”) filed the instant motion to be relieved as counsel for Client. Client does not oppose. 

TENTATIVE RULING: GRANT

Counsel seeks to be relieved on the grounds that they have been unable to contact Client. Counsel has attempted to contact Client in multiple ways, but Client remains elusive. Counsel claims Client will have ample time to obtain replacement counsel, so they will not be prejudiced if this motion is granted.

The requirements for a Motion to be Relieved as Counsel are outlined in CRC 3.1362. Moving counsel must: (1) submit form MC-051 - notice of the motion to the client, (2) submit form MC-052 - a declaration explaining why they could not acquire client’s consent to withdraw, (3) submit form MC-053 – a copy of the proposed order, and (4) serve these documents and notice of the motion to both the client and all other parties in the case. (Cal. Rules of Court, rule 3.1362(a)-(e).) Additionally, relief cannot be granted if it is reasonably foreseeable that the client would suffer prejudice as a result of the withdrawal. (Mossanen v. Monfared (2000) 77 Cal.App.4th 1402, 1409.)

In this case, Counsel has complied with the requirements of CRC Rule 3.1362 by filing forms MC-051 and MC-052. Counsel has also lodged with the Court a copy of the proposed order on form MC-053 as to the Client.

Additionally, Counsel served Client by mail at Client’s last known address. Counsel states he has been unable to confirm that this address is current. That said Counsel has taken reasonable steps to notify client. Counsel was able to confirm via text that Client has received his messages, but Counsel was unable able to communicate with Client any further.

Counsel served all other parties who have appeared in the case via mail.

Finally, it appears no prejudice will be suffered by Client. The trial in this case was originally schedule for March 10, 2025. However, because of this motion to be relieved, this Court ordered a continuance. The new trial date is July 21, 2025. This gives Client more than four months to acquire new counsel, so the risk of prejudice is low.

Accordingly, the Motion to be Relieved as Counsel for Defendant Hooman Golian is GRANTED.