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This case was last updated from Los Angeles County Superior Courts on 06/10/2019 at 06:24:58 (UTC).

SHARONA YEHUDA VS ROSH INVESTMENTS LLC ET AL

Case Summary

On 04/07/2016 SHARONA YEHUDA filed a Contract - Other Contract lawsuit against ROSH INVESTMENTS LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are GAIL FEUER, RAFAEL A. ONGKEKO and DEIRDRE HILL. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6407

  • Filing Date:

    04/07/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

GAIL FEUER

RAFAEL A. ONGKEKO

DEIRDRE HILL

 

Party Details

Plaintiff and Petitioner

YEHUDA SHARONA

Defendants and Respondents

DOES 1 THROUGH 20

FAB ROCK INVESTMENTS LLC

ROSH INVESTMENTS LLC

RUBINSTEIN ARTURO

Not Classified By Court

LAW OFFICE OF MICHAEL N. BERKE

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

LINER LLP

LEBEDEV GENNADY L. ESQ.

LEBEDEV GENNADY LEONID ESQ.

LEBEDEV GENNADY LEONID

Defendant and Respondent Attorneys

GROSSMAN BRIAN M. ESQ.

GROSSMAN BRIAN MATTHEW

 

Court Documents

Minute Order

2/14/2019: Minute Order

Minute Order

3/18/2019: Minute Order

Exhibit List

5/28/2019: Exhibit List

PLAINTIFFS' OPPOSITION TO DEFFNDANTS' LX PARTE APPLICATION TO ADVANCE TRIAL DATE (REQUEST FOR JUDICIAL NOTICE FILED UNDER SEPARATE COVER)

6/21/2018: PLAINTIFFS' OPPOSITION TO DEFFNDANTS' LX PARTE APPLICATION TO ADVANCE TRIAL DATE (REQUEST FOR JUDICIAL NOTICE FILED UNDER SEPARATE COVER)

Unknown

11/1/2018: Unknown

Minute Order

3/1/2018: Minute Order

DEFENDANTS' PROPOSED LIST OF JURY INSTRUCTIONS

4/2/2018: DEFENDANTS' PROPOSED LIST OF JURY INSTRUCTIONS

FIRST AMENDED ANSWER TO COMPLAINT

5/29/2018: FIRST AMENDED ANSWER TO COMPLAINT

PROOF OF SERVICE OF SUMMONS

4/25/2016: PROOF OF SERVICE OF SUMMONS

DECLARATION OF RAYMOND 1. ASHER REGARDING DEFENDANTS' ATTEMPTS TO MEET AND CONFER WITH PLAINTIFF'S COUNSEL AT LEAST 5 DAYS PRIOR TO THE DUE DATE FOR RESPONSIVE PLEADINGS AND THE 30 DAY AUTOMATIC EXTEN

5/9/2016: DECLARATION OF RAYMOND 1. ASHER REGARDING DEFENDANTS' ATTEMPTS TO MEET AND CONFER WITH PLAINTIFF'S COUNSEL AT LEAST 5 DAYS PRIOR TO THE DUE DATE FOR RESPONSIVE PLEADINGS AND THE 30 DAY AUTOMATIC EXTEN

NOTICE OF CASE MANAGEMENT CONFERENCE

5/10/2016: NOTICE OF CASE MANAGEMENT CONFERENCE

STATEMENT OF RELATED CASES BY DEFENDANTS FAB ROCK IN VESTMENTS AND ARTURO RUBINSTEIN

7/11/2016: STATEMENT OF RELATED CASES BY DEFENDANTS FAB ROCK IN VESTMENTS AND ARTURO RUBINSTEIN

Minute Order

7/14/2016: Minute Order

Unknown

7/28/2016: Unknown

SUBSTITUTION OF ATTORNEY

11/3/2016: SUBSTITUTION OF ATTORNEY

SUBSTITUTION OF ATTORNEY

12/15/2016: SUBSTITUTION OF ATTORNEY

PROOF OF SERVICE OF SUMMONS

4/12/2017: PROOF OF SERVICE OF SUMMONS

Minute Order

4/26/2017: Minute Order

136 More Documents Available

 

Docket Entries

  • 05/31/2019
  • Notice ( of Withdrawal of Judgment Lien); Filed by Law Office of Michael N. Berke (Non-Party)

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  • 05/31/2019
  • Notice ( of Withdrawal of Judgment Lien); Filed by Law Office of Michael N. Berke (Non-Party)

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  • 05/30/2019
  • at 09:15 AM in Department 49; Non-Jury Trial

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  • 05/29/2019
  • at 10:00 AM in Department 49; Non-Jury Trial - Held - Continued

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  • 05/29/2019
  • Minute Order ( (Non-Jury Trial)); Filed by Clerk

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  • 05/29/2019
  • Stipulation and Order to use Certified Shorthand Reporter (CSR: Wendy Priest/ #12722); Filed by Clerk

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  • 05/28/2019
  • Trial Brief; Filed by Sharona Yehuda (Plaintiff)

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  • 05/28/2019
  • Exhibit List; Filed by Fab Rock Investments LLC (Defendant); Rosh Investments, LLC (Defendant); Arturo Rubinstein (Defendant)

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  • 05/21/2019
  • at 10:00 AM in Department 49; Jury Trial ((partially and Court Trial partially)) - Held

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  • 05/21/2019
  • Minute Order ( (Jury Trial (partially and Court Trial partially))); Filed by Clerk

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283 More Docket Entries
  • 04/25/2016
  • PROOF OF SERVICE OF SUMMONS

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  • 04/19/2016
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 04/19/2016
  • NOTICE OF JUDGMENT LIEN (CCP 708.410)

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  • 04/19/2016
  • ORDER TO SHOW CAUSE HEARING

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  • 04/19/2016
  • Notice; Filed by Plaintiff/Petitioner

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  • 04/19/2016
  • Notice of Case Management Conference; Filed by Clerk

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  • 04/19/2016
  • OSC-RE Other (Miscellaneous); Filed by Clerk

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  • 04/07/2016
  • Complaint; Filed by Sharona Yehuda (Plaintiff)

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  • 04/07/2016
  • COMPLAINT FOR: (1) DECLARATORY RELIEF; ETC

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  • 04/07/2016
  • SUMMONS

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Tentative Rulings

Case Number: BC616407    Hearing Date: March 26, 2021    Dept: 49

Superior Court of California

County of Los Angeles

Sharona Yehuda, as Trustee of the Keshet Inter Vivos Trust,

Plaintiff,

Case No.

BC616407

v.

[Tentative] Ruling

Rosh Investment LLC, et al.,

Defendants.

Hearing Date: March 26, 2021

Department 49, Judge Stuart M. Rice

(1) Counsel Lebedev’s Motion to be Relieved as Counsel as to Sharona Yehuda, as Trustee of the Keshet Inter Vivos Trust; and

(2) Counsel Lebedev’s Motion to be Relieved as Counsel as to Yoram Yehuda

Moving Party: Counsel Lebedev; Lebedev, Michael & Helmi APLC

Responding Party: None

Ruling: Counsel Lebedev’s motions to be relieved as counsel will be granted without further hearing upon the Court’s receipt of (1) a supplemental declaration from Counsel Lebedev addressing the requirements of CRC Rule 3.1362(c); (2) a revised proof of service; and (3) a proof of service of the orders granting the motions.

Legal Standard  Code of Civil Procedure § 284 provides that upon order of the court, the attorney in an action or special proceeding may be changed at any time before or after judgment or final determination upon the application of either the client or attorney, after notice from one to the other. The attorney may request withdrawal pursuant to Rule of Professional Conduct 3-700(B)(2)(d) when the client’s conduct renders it unreasonably difficult for the attorney to carry out the employment effectively. Cal. Rules of Prof. Conduct 3-700. If the attorney is the moving party, the right to withdraw is conditioned on proper notice and a showing of why a court order is required (i.e., why substitution by mutual consent was not obtained). (CRC Rule 3.1362.)

An attorney should be permitted to withdraw unless prejudice would result or some other compelling reason for forcing the attorney to continue exists. (People v. Prince (1968) 268 Cal. App. 2d 398, 406.) Thus, counsel cannot withdraw at a critical point in the litigation because that would prejudice the client. (Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915.)

Motions to be Relieved as Counsel

Here, Counsel Lebedev, attorney for Plaintiffs Sharona Yehuda, as trustee of the Keshet Inter Vivos Trust, and Yoram Yehuda may have reasonable ground to be relieved as counsel. However, he has nonetheless failed to indicate whether he has requested his clients to sign a Substitution of Attorney form before filing the instant motions as required by the California Rules of Court rule 3.1362(c). Additionally, the proof of service that Counsel Lebedev submitted is incomplete. He filed two sets of motions to be relieved as counsel, but the proof of service only identifies one set, which was mailed to both clients. Therefore, because the deficiencies in the motions are correctable, Counsel Lebedev will need to submit (1) a supplemental declaration that complies with California Rules of Court rule 3.1362(c), (2) a revised proof of service, and (3) a proof of service on the clients of the order granting the motion. Upon receipt of these additional documents and without further hearing, the Court will grant Counsel Lebedev’s motions to be relieved as counsel. 

Conclusion

Accordingly, without further hearing, the motions will be granted upon the Court’s receipt of (1) a supplemental declaration that complies with California Rules of Court rule 3.1362(c), (2) a revised proof of service, and (3) a proof of service on the clients of the order granting the motion. Counsel Lebedev is instructed to submit these additional documents no later than April 2, 2021.

Date: March 26, 2021

Honorable Stuart M. Rice

Judge of the Superior Court

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