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This case was last updated from Los Angeles County Superior Courts on 06/02/2019 at 04:03:22 (UTC).

COUTURE TEXTILE INC VS MAJOR APPAREL GROUP INC ET AL

Case Summary

On 11/29/2017 COUTURE TEXTILE INC filed a Personal Injury - Other Personal Injury lawsuit against MAJOR APPAREL GROUP INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is RANDOLPH M. HAMMOCK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4815

  • Filing Date:

    11/29/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

RANDOLPH M. HAMMOCK

 

Party Details

Plaintiffs, Petitioners, Respondents and Cross Defendants

NOVELLE PRINTS INC

SHAMS SAMUEL

COURTURE TEXTILE INC

Plaintiffs and Petitioners

NOVELLE PRINTS INC

COURTURE TEXTILE INC

Defendants, Respondents and Cross Defendants

MAJOR APPAREL GROUP INC

SHAMS SAMUEL

DOES 1 TO 100

EGHBALIEH JOHN

CASIGNIA ANNA

BANK OF HOPE

BANK OF HOPE [ROE 1]

MELROSE TEXTILE INC.

EGHBALIEH JOSEPH

COUTURE TEXTILE INC.

EGHBALIEH JACK

EGHBALIEH MARTHA

INFINITY PRINTEX INC.

Defendant and Cross Plaintiff

BANK OF HOPE

Plaintiffs, Defendants, Respondents and Cross Defendants

SHAMS SAMUEL

EGHBALIEH JOHN

EGHBALIEH JOSEPH

COUTURE TEXTILE INC.

EGHBALIEH MARTHA

6 More Parties Available

Attorney/Law Firm Details

Defendant and Plaintiff Attorneys

LEE SANG I. ESQ.

PC JAENAM COE

DAVID S. KIM & ASSOCIATES

SONG JOON W.

Cross Plaintiff Attorney

SONG JOON W. ESQ.

Cross Defendant Attorney

KIM DAVID S

 

Court Documents

NOTICE OF RELATED CASE

2/14/2018: NOTICE OF RELATED CASE

PROOF OF SERVICE SUMMONS

2/22/2018: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

2/22/2018: PROOF OF SERVICE SUMMONS

Unknown

2/22/2018: Unknown

PROOF OF SERVICE SUMMONS

2/22/2018: PROOF OF SERVICE SUMMONS

Minute Order

3/7/2018: Minute Order

CROSS-COMPLAINT FOR: (1) BREACH OF WRITTEN CONTRACT; ETC.

3/23/2018: CROSS-COMPLAINT FOR: (1) BREACH OF WRITTEN CONTRACT; ETC.

ANSWER TO UNVERIFIED COMPLAINT

3/23/2018: ANSWER TO UNVERIFIED COMPLAINT

Minute Order

4/10/2018: Minute Order

Unknown

4/10/2018: Unknown

Unknown

5/1/2018: Unknown

Minute Order

5/2/2018: Minute Order

Minute Order

5/7/2018: Minute Order

Amendment to Complaint (Fictitious/Incorrect Name)

11/29/2018: Amendment to Complaint (Fictitious/Incorrect Name)

Answer

1/17/2019: Answer

Minute Order

3/4/2019: Minute Order

Unknown

3/4/2019: Unknown

SUMMONS

11/29/2017: SUMMONS

10 More Documents Available

 

Docket Entries

  • 04/22/2019
  • at 09:30 AM in Department 47, Randolph M. Hammock, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 04/16/2019
  • at 08:30 AM in Department 47, Randolph M. Hammock, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 03/15/2019
  • at 08:30 AM in Department 47, Randolph M. Hammock, Presiding; Post-Mediation Status Conference - Not Held - Continued - Stipulation

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  • 03/04/2019
  • at 4:40 PM in Department 47, Randolph M. Hammock, Presiding; Court Order

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  • 03/04/2019
  • at 4:40 PM in Department 47, Randolph M. Hammock, Presiding; Court Order

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  • 03/04/2019
  • Minute Order ( (Court Order)); Filed by Clerk

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  • 03/04/2019
  • Certificate of Mailing for (Minute Order (Court Order) of 03/04/2019); Filed by Clerk

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  • 01/17/2019
  • Answer; Filed by Bank of Hope [Roe 1] (Defendant)

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  • 11/29/2018
  • Amendment to Complaint (Fictitious/Incorrect Name)

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  • 10/22/2018
  • Answer (to cross complaint); Filed by Samuel Shams (Cross-Defendant)

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38 More Docket Entries
  • 02/22/2018
  • Case Management Statement; Filed by Plaintiff/Petitioner

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  • 02/22/2018
  • Proof-Service/Summons

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  • 02/14/2018
  • NOTICE OF RELATED CASE

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  • 02/14/2018
  • Notice of Related Case; Filed by Plaintiff/Petitioner

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  • 12/08/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 12/08/2017
  • OSC-Failure to File Proof of Serv; Filed by Clerk

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  • 11/29/2017
  • SUMMONS

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  • 11/29/2017
  • COMPLAINT FOR DAMAGES FOR 1. BREACH OF FIDUCIARY DUTY; ETC

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  • 11/29/2017
  • Complaint; Filed by COURTURE TEXTILE INC (Plaintiff); NOVELLE PRINTS INC (Plaintiff)

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  • 11/28/2017
  • Complaint; Filed by Samuel Shams (Plaintiff)

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Tentative Rulings

Case Number: BC684815    Hearing Date: January 06, 2021    Dept: 47

Couture Textile, Inc. v. Major Apparel Group, Inc., et al.

 

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Attorney Sang I. Lee, Law Offices of Lee & Park, counsel for Cross-Defendant Anna Casignia

RESPONDING PARTY(S): No opposition on eCourt as of December 29, 2020.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff alleges that Defendant Samuel Shams breached his fiduciary duty to Plaintiff as a shareholder/director/officer and misappropriated its trade secrets to compete with Plaintiff through entities he controlled, including Defendants Major Apparel and Novelle Prints.

Defendants filed a cross-complaint (including derivatively on behalf of Plaintiff) alleging breach of contract and other claims.

Attorney Sang I. Lee, Law Offices of Lee & Park, moves to be relieved as counsel for Cross-Defendant Anna Casignia.

TENTATIVE RULING:

Attorney Sang I. Lee and Law Offices of Lee & Park’s motion to be relieved as counsel for Cross-Defendant Anna Casignia is GRANTED. This order will be effective only upon filing a Proof of Service with the court demonstrating that the client was served with a copy of this ruling and a copy of the Order Granting Attorney's Motion to Be Relieved as Counsel – Civil (Form MC-053), completely filled out, including any additional hearings that may be scheduled.

Moving counsel to provide notice, unless waived.

DISCUSSION

Motion to be Relieved as Counsel

Attorney Sang I. Lee and the Law Offices of Lee & Park move to be relieved as counsel for Cross-Defendant Anna Casignia.

The Court may issue an order allowing an attorney to withdraw from representation, after notice to the client. (CCP § 284(2).) California Rules of Court, Rule 3.1362 requires that the following Mandatory Judicial Council forms be filed for a motion to be relieved as counsel: Notice of Motion and Motion to Be Relieved as Counsel--Civil (form MC-051); Motion to Be Relieved as Counsel--Civil (form MC-052); and Order Granting Attorney's Motion to Be Relieved as Counsel--Civil (form MC-053). (See CRC Rule 3.1362(a), (c), (e).) These three forms must be served on the client and all other parties who have appeared in the case. (Rule 3.1362(d).)

Here, moving counsel has filed and served all three of the required forms.

Attorney Sang I. Lee declares that there has been a breakdown of the attorney-client relationship in that the client has stopped communicating with him. (MC-052 ¶ 2.) In general, an attorney may withdraw with or without cause as long as the withdrawal would not result in undue prejudice to the client’s interest – i.e., counsel cannot withdraw at a critical point in the litigation, because that would prejudice client, but can withdraw otherwise. (Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915.) The court has discretion to deny an attorney’s request to withdraw where the withdrawal would work an injustice or cause undue delay in the proceeding, but the court’s discretion in this area is one to be exercised reasonably. (Mandell v. Superior Court (1977) 67 Cal.App.3d 1, 4.)

Here, the next hearing scheduled in this case before trial is not until May 27, 2021. Moving counsel listed that hearing and the trial date of July 6, 2021 in both the declaration and proposed order, as required, along with the final status conference scheduled for June 29, 2021. Based on the timing of those hearings, it does not appear that Cross-Defendant would be prejudiced by allowing her attorney to withdraw following this hearing. In addition, because Cross-Defendant is an individual, she could choose to represent herself in pro per.

Accordingly, the motion to be relieved as counsel is GRANTED. This order will be effective only upon filing a Proof of Service with the court demonstrating that the client was served with a copy of this ruling and a copy of the Order Granting Attorney's Motion to Be Relieved as Counsel – Civil (Form MC-053), completely filled out, including any additional hearings that may be scheduled.

Moving counsel to provide notice, unless waived.

IT IS SO ORDERED.

Dated: January 6, 2021 ___________________________________

Randolph M. Hammock

Judge of the Superior Court

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