On 09/10/2018 NATIONAL COMMERCIAL RECOVERY INC filed a Contract - Debt Collection lawsuit against NEW YORK MART EL MONTE, INC , A CALIFORNIA CORPORATION. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SHERYL M. BEASLEY. The case status is Pending - Other Pending.
*******0705
09/10/2018
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
SHERYL M. BEASLEY
NATIONAL COMMERCIAL RECOVERY INC. DBA BLAIR SMITH AND ASSOCIATES
ZHANG MING ZHE AKA MINGZHE ZHANG AKA MING ZHANG
DENG LONG
NEW YORK MART EL MONTE INC. A CALIFORNIA CORPORATION DBA IFRESH MARKET
SUPER HK OF EL MONTE INC. A CALIFORNIA CORPORATION
KYAW MYINT AKA MYINT J. KYAW AKA MYINT KYAW WU AKA JEFFREY MYINT WU AKA JEFFREY WU
BESNYL GLENN ALAN
EGHBALI DORON
MATZENGER JULIA ROSE
CHONG ROBERT
9/10/2018: Complaint
12/14/2020: Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application of Doron Eghbali
12/14/2020: Ex Parte Application (name extension) - Ex Parte Application DEFENDANT ZHANG MINGE ZHE NOTICE OF EX PARTE MOTION TO BE RELIEVED OF COUNSEL AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF
12/28/2020: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil
12/28/2020: Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application of Doron F. Eghbali
11/20/2019: Request for Dismissal - Request for Dismissal
11/6/2019: Minute Order - Minute Order (Trial Setting Conference)
8/22/2019: Stipulation and Order (name extension) - Stipulation and Order Stipulation to Set Aside Default
1/16/2019: Proof of Personal Service - Proof of Personal Service
3/15/2019: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment
3/29/2019: Declaration (name extension) - Declaration DORON EGHBALIS DECLARATION IN SUPPORT OF REPLY TO OPPOSITION TO MOTION TO SET ASIDE DEFAULT JUDGMENT
3/29/2019: Reply (name extension) - Reply Long Deng's Reply to Plaintiff's Opposition to Motion to Set Aside Default Judgment
3/29/2019: Declaration (name extension) - Declaration DORON EGHBALIS DECLARATION IN SUPPORT OF REPLY TO OPPOSITION TO MOTION TO SET ASIDE DEFAULT JUDGMENT
4/8/2019: Notice of Ruling - Notice of Ruling
4/9/2019: Minute Order - Minute Order (Nunc Pro Tunc Order)
5/15/2019: Answer - Answer
5/24/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order) of 05/24/2019
9/10/2018: Order to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740)
Hearing03/03/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to be Relieved as Counsel
Hearing03/03/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Status Conference
DocketHearing on Motion to be Relieved as Counsel scheduled for 03/03/2021 at 10:30 AM in Spring Street Courthouse at Department 25
DocketStatus Conference Re: Status of the case scheduled for 03/03/2021 at 10:30 AM in Spring Street Courthouse at Department 25
DocketMinute Order (Hearing on Motion to be Relieved as Counsel)
DocketOn the Court's own motion, Hearing on Motion to be Relieved as Counsel scheduled for 01/25/2021 at 11:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 03/03/2021 10:30 AM
DocketOn the Court's own motion, Non-Jury Trial scheduled for 03/03/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Vacated on 01/25/2021
DocketNotice of New Trial Date; Filed by: National Commercial Recovery Inc. (Plaintiff); As to: Long Deng (Defendant); Ming Zhe Zhang (Defendant)
DocketUpdated -- Ex Parte Application for an Order Shortening Time to Hear Motion to be Releived as Counsel, or in the Alternative, Continuing Trial: Filed By: Ming Zhe Zhang (Defendant); Result: Granted; Result Date: 12/30/2020
DocketHearing on Motion to be Relieved as Counsel scheduled for 01/25/2021 at 11:00 AM in Spring Street Courthouse at Department 25
DocketNotice and Acknowledgment of Receipt Proof of Service with Return Receipt; Filed by: National Commercial Recovery Inc. (Plaintiff); As to: Long Deng (Defendant)
DocketProof of Service by Substituted Service; Filed by: National Commercial Recovery Inc. (Plaintiff); As to: New York Mart El Monte, Inc., a California Corporation (Defendant); Proof of Mailing Date: 09/20/18; Service Cost: 55.00; Service Cost Waived: No
DocketComplaint; Filed by: National Commercial Recovery Inc. (Plaintiff); As to: New York Mart El Monte, Inc., a California Corporation (Defendant); Long Deng (Defendant); Ming Zhe Zhang (Defendant) et al.
DocketCivil Case Cover Sheet; Filed by: National Commercial Recovery Inc. (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketOrder to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740); Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketCase assigned to Hon. Sheryl M. Beasley in Department A Norwalk Courthouse
DocketOrder to Show Cause - Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740 scheduled for 09/16/2019 at 08:30 AM in Norwalk Courthouse at Department A
DocketThe case is placed in special status of: Collections Case (CCP 3.740)
Case Number: 18NWLC30705 Hearing Date: January 25, 2021 Dept: 25
HEARING DATE: Mon., January 25, 2021 JUDGE /DEPT: Blancarte/25
CASE NAME: National Commercial Recovery, Inc. v. New York Mart El Monte, Inc., et al.
CASE NUMBER: 18NWLC30705 COMPL. FILED: 09-10-18
NOTICE: NO DISC. C/O: 02-01-21
DISC. MOT. C/O: 02-16-21
TRIAL DATE: 03-03-21
PROCEEDINGS: MOTION TO BE RELIEVED AS COUNSEL
MOVING PARTY: Defendant Ming Zhe Zhang’s Counsel Doron F. Eghbali
RESP. PARTY: None
MOTION TO BE RELIEVED AS COUNSEL
(CCP § 284(2); CRC rule 3.162)
TENTATIVE RULING:
Defendant’s Counsel Doron F. Eghbali’s Motion to be Relieved as Counsel is CONTINUED TO MARCH 3, 2021 AT 10:30 A.M. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Counsel must file supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.
SERVICE:
[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK
[X] Correct Address (CCP §§ 1013, 1013a) OK
[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK
OPPOSITION: None filed as of January 21, 2021 [ ] Late [X] None
REPLY: None filed as of January 21, 2021 [ ] Late [X] None
ANALYSIS:
Background
On September 10, 2018, Plaintiff National Commercial Recovery, Inc. (“Plaintiff”) filed a complaint for money, common counts, violation of the Perishable Agricultural Commodities Act, violation of bulk sale laws, and fraudulent transfer of assets against Defendants New York Mart El Monte, Inc. dba Ifresh Market (“New York”), Long Deng (“Deng”), Ming Zhe Zhang (“Zhang”), Super HK of El Monte (“Super HK”), and Myint Kyaw (“Kyaw”). Defendants New York, Deng, and Zhang filed an Answer on May 15, 2019. The Honorable Ann H. Park in Department A at the Norwalk Courthouse found this was not a collections case on May 24, 2019 and transferred the action to this limited jurisdiction department. (5/24/19 Minute Order.) Defendants Super HK and Kyaw filed their answer on August 16, 2019.
Pursuant to Plaintiff’s request, Defendants Super HK and Kyaw were dismissed from the action on December 18, 2019, and Defendant New York was dismissed on October 6, 2020. (12/17/19 & 9/29/20 Requests for Dismissal.)
On December 28, 2020, Defendant Zhang’s Counsel Doron F. Eghbali (“Counsel”) filed the instant Motion to be Relieved as Counsel (the “Motion”), which was originally set for hearing for June 7, 2021. On December 30, 2020, the Court granted Counsel’s ex parte application to shorten the time for hearing on the Motion and set it for hearing for January 25, 2021 at 11:00 a.m. (12/30/20 Minute Order.)
To date, no opposition has been filed.
Legal Standard
The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (Code Civ. Proc. § 284, subd. (2).) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) An application to be relieved as counsel must be made on Judicial Counsel Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).)
In addition, California Rules of Court, rule 3.1362 subsection (d) requires that the notice of motion and motion, declaration, and proposed order be served on the client and all other parties who have appeared in the case by personal service, electronic service, or mail. If the notice is served by mail, it must be accompanied by a declaration stating facts showing that either:
(A) The service address is the current residence or business address of the client; or
(B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.
(Cal. Rules of Court, rule 3.1362, subd. (1)(A) & (2).)
Discussion
Defendant’s Counsel seeks to be relieved due to a complete lack of communication between Defendant Zhang and Counsel. (MC-052, ¶ 2.) Counsel states he served this Motion at Defendant Zhang’s last known address. (Id. at ¶ 3.) However, Counsel did not specify whether he confirmed the address was current at most 30 days before filing this Motion or whether he was unable to confirm the address despite his efforts. (Id.) In addition, although Counsel served Plaintiff, Defendant Deng, and Defendant Zhang with the Motion, he did not give the parties notice of the Court’s December 30 Order setting today’s hearing. Thus, Counsel has not satisfied California Rules of Court, rule 3.1362.
Conclusion & Order
For the foregoing reasons, Defendant’s Counsel Doron F. Eghbali’s Motion to be Relieved as Counsel is CONTINUED TO MARCH 3, 2021 AT 10:30 A.M. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Counsel must file supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.
Defendant’s Counsel is ordered to give notice.
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