This case was last updated from Los Angeles County Superior Courts on 08/21/2020 at 00:44:49 (UTC).

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

Case Summary

On 01/30/2019 SHAKE KERYANOF filed a Property - Other Real Property lawsuit against ALEX XANDER, AN INDIVIDUAL. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1134

  • Filing Date:

    01/30/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

KERYANOF SHAKE

Defendants

XANDER AN INDIVIDUAL ALEX

MACLANG AN INDIVIDUAL ROLANDO B.

Attorney/Law Firm Details

Plaintiff Attorney

PARTIYELI JACOB O.

Defendant Attorney

TAHMAZIAN JILBERT

 

Court Documents

Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

8/19/2020: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

8/19/2020: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

Notice (name extension) - Notice RE: HEARING ON MOTION TO BE RELIEVED AS COUNSEL

7/20/2020: Notice (name extension) - Notice RE: HEARING ON MOTION TO BE RELIEVED AS COUNSEL

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

7/20/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

7/23/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

4/6/2020: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

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

4/6/2020: 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

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

5/12/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

12/9/2019: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Minute Order - Minute Order (Hearing on Ex Parte Application EX PARTE APPLICATION FOR AN O...)

1/2/2020: Minute Order - Minute Order (Hearing on Ex Parte Application EX PARTE APPLICATION FOR AN O...)

Ex Parte Application (name extension) - Ex Parte Application EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO HEAR JILBERT TAHMAZIAN'S MOTION TO BE RELIEVED AS COUNSEL; MEMORANDUM OF POINTS AND AU

1/2/2020: Ex Parte Application (name extension) - Ex Parte Application EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO HEAR JILBERT TAHMAZIAN'S MOTION TO BE RELIEVED AS COUNSEL; MEMORANDUM OF POINTS AND AU

Answer - Answer

5/28/2019: Answer - Answer

Proof of Service by Substituted Service - Proof of Service by Substituted Service

2/26/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Personal Service - Proof of Personal Service

2/20/2019: Proof of Personal Service - Proof of Personal Service

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

1/30/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Summons - Summons on Complaint

1/30/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

1/30/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

1/30/2019: Complaint - Complaint

7 More Documents Available

 

Docket Entries

  • 02/02/2022
  • Hearing02/02/2022 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 03/10/2021
  • Hearing03/10/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/19/2020
  • DocketOrder Granting Attorney's Motion to Be Relieved as Counsel-Civil; Signed and Filed by: Jilbert Tahmazian (Attorney); As to: ALEX XANDER, AN INDIVIDUAL (Defendant)

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  • 08/19/2020
  • DocketMinute Order (Hearing on Motion to be Relieved as Counsel)

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  • 08/19/2020
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 08/19/2020 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/19/2020; Result Type to Held - Motion Granted

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  • 07/23/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 07/23/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 07/29/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 03/10/2021 08:30 AM

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  • 07/20/2020
  • DocketNotice RE: HEARING ON MOTION TO BE RELIEVED AS COUNSEL; Filed by: ALEX XANDER, AN INDIVIDUAL (Defendant); ROLANDO B. MACLANG, AN INDIVIDUAL (Defendant); As to: SHAKE KERYANOF (Plaintiff)

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  • 07/20/2020
  • DocketProof of Service (not Summons and Complaint); Filed by: ALEX XANDER, AN INDIVIDUAL (Defendant); ROLANDO B. MACLANG, AN INDIVIDUAL (Defendant); As to: SHAKE KERYANOF (Plaintiff)

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  • 05/12/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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11 More Docket Entries
  • 02/26/2019
  • DocketProof of Service by Substituted Service; Filed by: SHAKE KERYANOF (Plaintiff); As to: ROLANDO B. MACLANG, AN INDIVIDUAL (Defendant); Proof of Mailing Date: 02/25/2019; Service Cost: 52.00; Service Cost Waived: No

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  • 02/20/2019
  • DocketProof of Personal Service; Filed by: SHAKE KERYANOF (Plaintiff); As to: ALEX XANDER, AN INDIVIDUAL (Defendant); Service Date: 02/19/2019; Service Cost: 45.00; Service Cost Waived: No

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  • 02/05/2019
  • DocketNon-Jury Trial scheduled for 07/29/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/05/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/02/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/05/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 01/30/2019
  • DocketComplaint; Filed by: SHAKE KERYANOF (Plaintiff); As to: ALEX XANDER, AN INDIVIDUAL (Defendant); ROLANDO B. MACLANG, AN INDIVIDUAL (Defendant)

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  • 01/30/2019
  • DocketSummons on Complaint; Issued and Filed by: SHAKE KERYANOF (Plaintiff); As to: ALEX XANDER, AN INDIVIDUAL (Defendant); ROLANDO B. MACLANG, AN INDIVIDUAL (Defendant)

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  • 01/30/2019
  • DocketCivil Case Cover Sheet; Filed by: SHAKE KERYANOF (Plaintiff); As to: ALEX XANDER, AN INDIVIDUAL (Defendant); ROLANDO B. MACLANG, AN INDIVIDUAL (Defendant)

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  • 01/30/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/30/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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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

NOTICE: OK DISC. MOT. C/O: 02-23-21

TRIAL DATE: 03-10-21

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

NOTICE: OK DISC. MOT. C/O: 02-23-21

TRIAL DATE: 03-10-21

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.