Judge: Virginia Keeny, Case: 22VECV01077, Date: 2023-05-05 Tentative Ruling

Case Number: 22VECV01077    Hearing Date: May 5, 2023    Dept: W

MICHAEL Z LAVIE V. ENCINO OAKS HOMEOWNERS ASSOCIATION, ET AL.

MOTION TO BE RELIEVED AS COUNSEL

Date of Hearing:          May 5, 2023                                                   Trial Date:       None set  

Department:               W                                                                     Case No:          22VECV01077

Moving Party:             Adam Michael Sacks, counsel of record for Plaintiff Michael Z. Lavie  

Responding Party:       None

Notice:                         Proper

FACTUAL BACKGROUND

Plaintiff Michael Z. Lavie alleges he is a homeowner of a condominium commonly known as 5460 White Oak Ave., Unit F-208, Encino, California 91316. The condominium is part and parcel of Defendant Encino Homeowners Association. Plaintiff alleges in March 2020, a water pipe in Plaintiff’s condominium Unit exploded, causing severe water damage to the inner walls of the Unit, floors, and living room and dining room. As the damages originated from the original construction of the building, Plaintiff alleges the repairs were the HOA’s responsibility. Plaintiff alleges, however, after a few weeks of construction, Defendants stopped paying the construction company and as a result, the contractor stopped work for lack of payment. Plaintiff contends his unit has now sat dormant in complete disrepair from about mid-April 2020 to present. Plaintiff alleges Defendants Julie Heldt, Richard Donatone, Jeff Tola, and Miste Holloway hold positions on the HOA board and Defendant Brad Watson is the owner of Defendant Property Management Professionals, the property management company for the HOA. Plaintiff contends Defendant Witkin & Neal are also property managers who collect the HOA dues and disburse monies at the direction of the HOA.

On July 28, 2022, Plaintiff Michael Z. Lavie filed a complaint against Defendants Encino Oaks Homeowners Association, Witkin & Neal, Inc., Brad Watson individually and dba Property Management Professionals, LLC, Julie Heldt, Richard Donatone, Jeff Tola, and Miste Holloway, asserting causes of action for 1) Breach of Fiduciary Duty; 2) Intentional Infliction of Emotional Distress; 3) Negligent Infliction of Emotional Distress; 4) Elder Abuse; 5) Breach of Contract – Written; and 6) Breach of Contract – Implied.

TENTATIVE RULING: GRANT

Counsel contends there has been an irretrievable breakdown of the attorney-client relationship. Plaintiff is not communicating with counsel and not taking the advice of counsel. Counsel's inability to communicate with Plaintiff ethically requires an application for an order to withdraw

as attorney for Plaintiff. Plaintiff refuses to execute a substitution of attorney form requiring the filing of the instant Motion. Counsel contends no prejudice will be imparted upon any party by granting the instant request.

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 by response to mailings by counsel to Plaintiff's current address.

Trial is not set. The next hearing is May 5, 2023 for a Case Management Conference.

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