SHAKE KERYANOF VS ALEX XANDER, AN INDIVIDUAL, ET AL.

Tentative Rulings

Case Number: 19STLC01134    Hearing Date: August 20, 2020    Dept: 25

HEARING DATE: Wed., August 19, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Keryanof v. Xander, et al. COMPL. FILED: 01-30-19

CASE NUMBER: 19STLC01134 DISC. C/O: 02-08-21

PROCEEDINGS: MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Defendants’ Counsel Jilbert Tahmazian

RESP. PARTY: None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.1362)

TENTATIVE RULING:

Defendants’ Counsel Jilbert Tahmazian’s Motion to be Relieved as Counsel is GRANTED and the proposed order will be signed at the hearing. “After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, rule 3.1362(e).) The Order on this Motion will not be effective “until proof of service of a copy of the signed order on [Defendant Alex Xander] has been filed with the court.” (Id.)

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 August 17, 2020 [ ] Late [X] None

REPLY: None filed as of August 17, 2020 [ ] Late [X] None

ANALYSIS:

1. Background

On January 30, 2019, Plaintiff Shake Keryanof (“Plaintiff”) filed an action against Alex Xander (“Xander”) and Rolando Maclang (“Maclang”) (collectively, “Defendants”). Defendants filed an Answer on May 28, 2020.

On April 6, 2020, Defendants’ Counsel Jilbert Tahmazian (“Counsel”) filed the instant Motion to be Relieved as Counsel (the “Motion”). To date, no opposition has been filed.

1. 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).)

1. Discussion

Defendants’ Counsel seeks to be relieved due to a breakdown in communication with Defendant Xander. (MC-052, ¶ 2.) Specifically, Counsel states that because Defendant Xander has been difficult to contact, Counsel has been unable to work up a defense or effectively serve the client’s needs. (Id.) In addition, Defendant Xander has failed to make payments for services rendered. (Id.) Counsel served this Motion, supporting declaration, and proposed order by mail at Defendant Xander’s current address, which Counsel confirmed at most 30 days before filing this motion. (Id.)

The Court is satisfied with Counsel’s reasons for seeking to be relieved and finds that he has satisfied the requirements of California Rules of Court, rule 3.1362, subdivision (a) and (c)-(e). Importantly, trial is not scheduled until March 10, 2021, giving Defendant Xander sufficient time to seek new representation should he wish to do so.

1. Conclusion & Order

For the foregoing reasons, Defendants’ Counsel Jilbert Tahmazian’s Motion to be Relieved as Counsel is GRANTED and the proposed order will be signed at the hearing. “After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, rule 3.1362(e).) The Order on this Motion will not be effective “until proof of service of a copy of the signed order on [Defendant Alex Xander] has been filed with the court.” (Id.)

Moving party is ordered to give notice.

Case Number: 19STLC01134    Hearing Date: August 19, 2020    Dept: 25

HEARING DATE: Wed., August 19, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Keryanof v. Xander, et al. COMPL. FILED: 01-30-19

CASE NUMBER: 19STLC01134 DISC. C/O: 02-08-21

PROCEEDINGS: MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Defendants’ Counsel Jilbert Tahmazian

RESP. PARTY: None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.1362)

TENTATIVE RULING:

Defendants’ Counsel Jilbert Tahmazian’s Motion to be Relieved as Counsel is GRANTED and the proposed order will be signed at the hearing. “After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, rule 3.1362(e).) The Order on this Motion will not be effective “until proof of service of a copy of the signed order on [Defendant Alex Xander] has been filed with the court.” (Id.)

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 August 17, 2020 [ ] Late [X] None

REPLY: None filed as of August 17, 2020 [ ] Late [X] None

ANALYSIS:

1. Background

On January 30, 2019, Plaintiff Shake Keryanof (“Plaintiff”) filed an action against Alex Xander (“Xander”) and Rolando Maclang (“Maclang”) (collectively, “Defendants”). Defendants filed an Answer on May 28, 2020.

On April 6, 2020, Defendants’ Counsel Jilbert Tahmazian (“Counsel”) filed the instant Motion to be Relieved as Counsel (the “Motion”). To date, no opposition has been filed.

1. 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).)

1. Discussion

Defendants’ Counsel seeks to be relieved due to a breakdown in communication with Defendant Xander. (MC-052, ¶ 2.) Specifically, Counsel states that because Defendant Xander has been difficult to contact, Counsel has been unable to work up a defense or effectively serve the client’s needs. (Id.) In addition, Defendant Xander has failed to make payments for services rendered. (Id.) Counsel served this Motion, supporting declaration, and proposed order by mail at Defendant Xander’s current address, which Counsel confirmed at most 30 days before filing this motion. (Id.)

The Court is satisfied with Counsel’s reasons for seeking to be relieved and finds that he has satisfied the requirements of California Rules of Court, rule 3.1362, subdivision (a) and (c)-(e). Importantly, trial is not scheduled until March 10, 2021, giving Defendant Xander sufficient time to seek new representation should he wish to do so.

1. Conclusion & Order

For the foregoing reasons, Defendants’ Counsel Jilbert Tahmazian’s Motion to be Relieved as Counsel is GRANTED and the proposed order will be signed at the hearing. “After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, rule 3.1362(e).) The Order on this Motion will not be effective “until proof of service of a copy of the signed order on [Defendant Alex Xander] has been filed with the court.” (Id.)

Moving party is ordered to give notice.