Judge: William A. Crowfoot, Case: 23AHCV00949, Date: 2025-03-14 Tentative Ruling

Case Number: 23AHCV00949    Hearing Date: March 14, 2025    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

ROBERT ZHOU, et al.,

                    Plaintiff(s),

          vs.

 

JESSE LEPE, et al.,

 

                    Defendant(s).

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      CASE NO.: 23AHCV00949

 

[TENTATIVE] ORDER RE: MOTION TO BE RELIEVED

 

Dept. 3

8:30 a.m.

March 14, 2025

 

 

 

 

Carol D. Kellogg and Eric Bonholtzer seek to be relieved as counsel of record for plaintiffs Robert Zhou, Linda Phung, and Lauren Zhou (collectively, “Plaintiffs”) on grounds that there has arisen an unexpected and irreconcilable breakdown of the attorney-client relationship such that continued representation would be impossible.

A motion to be relieved must be served on the client and all other parties who have appeared in the case. (CRC 3.1362(d).) While the two declarations by counsel aver that the motion and papers have been served on Plaintiffs, there is no proof of service showing that they have been served on the other parties.

In addition, the motion contains contradictory statements. Counsel declares in Item 3(b)(1) on Form MC-052 that Plaintiffs’ address has been confirmed as current but Item 6 on the proposed order (Form MC-053) identifies the address as their “last known” address. This discrepancy must be resolved and clarified with a revised declaration, if necessary.

Also, the proposed order on Form MC-053 is deficient because if counsel has been able to confirm the address as current, Item 5a of the proposed order should be completed; otherwise, Item 5b should be checked and the Court will interlineate the order with the appropriate date at the hearing. Moreover, Item 6 on the proposed order is incomplete because it does not include a telephone number for the Plaintiffs.

Accordingly, the hearing on this motion is continued to April14, 2025 at 8:30 a.m. in Department 3 of the Alhambra Courthouse. All revised papers must be filed no later than 5 court days before the date of the hearing.

Moving party to give notice.

Dated this 14th day of March 2025

 

 

 

 

William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.