This case was last updated from Los Angeles County Superior Courts on 01/03/2021 at 16:32:39 (UTC).

MANAGEMENT INC. VS NATHAN YOUNG, ET AL.

Case Summary

On 02/05/2020 MANAGEMENT INC filed a Property - Other Property Fraud lawsuit against NATHAN YOUNG. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4767

  • Filing Date:

    02/05/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Property Fraud

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

MANAGEMENT INC.

Defendants

YOUNG DAVID

YOUNG NATHAN

Attorney/Law Firm Details

Plaintiff Attorneys

YADEGARI MICHAEL MORDECHAI

SEVERINO CEDRIC

Defendant Attorney

HAMLIN RICHARD F.

 

Court Documents

Motion to Be Relieved as Counsel

12/15/2020: Motion to Be Relieved as Counsel

Minute Order - MINUTE ORDER (COURT ORDER)

12/8/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 12/08/2020

12/8/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 12/08/2020

Case Management Statement

11/13/2020: Case Management Statement

Notice of Change of Address or Other Contact Information

11/19/2020: Notice of Change of Address or Other Contact Information

Answer

10/19/2020: Answer

Notice of Ruling - NOTICE OF RULING NOTICE FROM CASE MANAGEMENT CONFERENCE ON AUGUST 25, 2020

8/25/2020: Notice of Ruling - NOTICE OF RULING NOTICE FROM CASE MANAGEMENT CONFERENCE ON AUGUST 25, 2020

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

8/25/2020: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

Substitution of Attorney

8/20/2020: Substitution of Attorney

Case Management Statement

8/4/2020: Case Management Statement

Minute Order - MINUTE ORDER (COURT ORDER)

4/22/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/22/2020

4/22/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/22/2020

Answer

3/9/2020: Answer

Civil Case Cover Sheet

2/5/2020: Civil Case Cover Sheet

Civil Case Cover Sheet

2/5/2020: Civil Case Cover Sheet

Notice of Case Assignment - Unlimited Civil Case

2/5/2020: Notice of Case Assignment - Unlimited Civil Case

Summons - SUMMONS ON COMPLAINT

2/5/2020: Summons - SUMMONS ON COMPLAINT

Complaint

2/5/2020: Complaint

9 More Documents Available

 

Docket Entries

  • 03/22/2021
  • Hearing03/22/2021 at 08:30 AM in Department 19 at 111 North Hill Street, Los Angeles, CA 90012; Case Management Conference

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  • 01/21/2021
  • Hearing01/21/2021 at 08:30 AM in Department 19 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to be Relieved as Counsel

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  • 12/15/2020
  • DocketMotion to Be Relieved as Counsel; Filed by Cedric Severino (Attorney)

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  • 12/09/2020
  • Docketat 08:30 AM in Department 19; Case Management Conference - Not Held - Advanced and Continued - by Court

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  • 12/08/2020
  • Docketat 11:33 AM in Department 19; Court Order

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  • 12/08/2020
  • DocketCertificate of Mailing for ((Court Order) of 12/08/2020); Filed by Clerk

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  • 12/08/2020
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 11/23/2020
  • DocketCase Management Statement; Filed by MANAGEMENT INC. (Plaintiff)

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  • 11/19/2020
  • DocketNotice of Change of Address or Other Contact Information; Filed by MANAGEMENT INC. (Plaintiff)

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  • 11/13/2020
  • DocketCase Management Statement; Filed by MANAGEMENT INC. (Plaintiff)

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8 More Docket Entries
  • 04/22/2020
  • Docketat 2:16 PM in Department 19; Court Order

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  • 04/22/2020
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 04/22/2020
  • DocketCertificate of Mailing for ((Court Order) of 04/22/2020); Filed by Clerk

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  • 03/09/2020
  • DocketAnswer; Filed by DAVID YOUNG (Defendant)

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  • 02/11/2020
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 02/05/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 02/05/2020
  • DocketCivil Case Cover Sheet; Filed by MANAGEMENT INC. (Plaintiff)

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  • 02/05/2020
  • DocketSummons (on Complaint); Filed by MANAGEMENT INC. (Plaintiff)

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  • 02/05/2020
  • DocketCivil Case Cover Sheet; Filed by MANAGEMENT INC. (Plaintiff)

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  • 02/05/2020
  • DocketComplaint; Filed by MANAGEMENT INC. (Plaintiff)

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Tentative Rulings

Case Number: 20STCV04767    Hearing Date: January 21, 2021    Dept: 19

RULING:

Counsel for Plaintiff Management Inc.’s Motion to be Relieved as Counsel is DENIED without prejudice.

Moving party to provide notice.

STATEMENT OF THE CASE

This case arises in breach of contract, fraud, and common counts. On 02/05/2020, Plaintiff Management Inc. (“Plaintiff”) brought suit against Defendants Nathan Young and David Young (collectively, “Defendants”) alleging that Defendants defrauded Plaintiff when Defendants repredented that they would abide by the terms of a written contract to pay rent, but that Defendants had no intention to pay rent. Plaintiff complains that Defendants owe $118,800.

On 12/15/2020, Cedric Severino (“Counsel” or “Movant”), counsel for Plaintiff, filed a “MC-051” Notice of Motion and Motion to be Relieved as Counsel (“Motion”), a “MC-052” Declaration in Support of Attorney’s Motion to be Relieved as Counsel (“Declaration”), and two proofs of electronic service.

The Declaration states that Counsel was hired as attorney for Plaintiff and is a resident of North Liberty. Iowa. (Decl., Item 2.) Counsel attests that he began representing Plaintiff in August and telephonically appeared as a Case Management Conference. (Id.) Following the CMC, Counsel attests that Plaintiff “started insisting on a strategy that is unethical if not illegal and I disagreed strongly with the conduct and actions he wanted me to take (which are in violation of California Rules of Professional Conduct). I have an ethical obligation pursuant to the California Bar Rules to withdraw as counsel for these reasons.” (Id.) Counsel also states that Plaintiff “refused to pay for hours worked and became belligerent toward me due to my refusal.” (Id.)

The Declaration further states that the Counsel has been unable to confirm Plaintiff’s current address after calling the client’s last known telephone number(s). (Decl. at Item 3b(2).)

DISCUSSION

  1. Procedural Requirements

California Rules of Court, rule 3.1362 prescribes the following requirements of a movant seeking to be relieved as counsel:

  1. The notice of motion and motion must be directed to the client and must use form MC-051 (“Notice of Motion and Motion to Be Relieved as Counsel-Civil”);

  2. The motion must be accompanied by a declaration using form MC-052 (“Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil”) and “must state in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1).”;

  3. A proposed order must be lodged with the court along with the moving papers and must use form MC-053 (“Order Granting Attorney's Motion to Be Relieved as Counsel-Civil”) and “must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. If no hearing date is presently scheduled, the court may set one and specify the date in the order.”;

  4. “The notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case” either by personal service, electronic service, or by mail.

(Cal. Rules Ct., rule 3.1362 (a) – (e).)

“If the notice is served on the client by mail under Code of Civil Procedure section 1013, 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.

(Id. at 3.1362(d).)

“Current” means that “the address was confirmed within 30 days before the filing of the motion to be relieved.” (Id.) “Merely demonstrating that the notice was sent to the client's last known address and was not returned or no electronic delivery failure message was received is not, by itself, sufficient to demonstrate that the address is current.” (Id.) “If the service is by mail, Code of Civil Procedure section 1011(b) applies.” (Id.) It is unclear to the Court who (an individual) on behalf of Management Inc. was served by email of this motion.

Here, Counsel fails to satisfy the requirements of California Rules of Court, rule 3.1362. Counsel has not lodged with the Court a proposed order using required JC Form MC-053. (See Cal. Rules Ct., 3.1362(e).) In addition, Counsel failed to provide a signed declaration in support of the Motion. Lastly, there is no proof of service showing that the motion  papers was served on Defendant Nathan Young, who has appeared in the action.

For all of the reasons stated above, Counsel’s Motion is DENIED.

If Counsel wishes to file a new Motion in accordance with California Rules of Court, rule 3.1362, the Court requests additional information on Counsel’s efforts to locate and serve a representative of Plaintiff, including using resources such as the California Secretary of State’s website to ascertain an address for and officers of Management, Inc. as well as any other relevant search or contact.

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