On 01/08/2018 ROIC CALIFORNIA LLC filed a Contract - Other Contract lawsuit against IL JAN LE. This case was filed in Los Angeles County Superior Courts, Pomona Courthouse South located in Los Angeles, California. The Judges overseeing this case are OKI, DAN THOMAS and GLORIA WHITE-BROWN. The case status is Pending - Other Pending.
****9940
01/08/2018
Pending - Other Pending
Los Angeles County Superior Courts
Pomona Courthouse South
Los Angeles, California
OKI, DAN THOMAS
GLORIA WHITE-BROWN
ROIC CALIFORNIA LLC
ROIC CALIFORNIA LLC A DELAWARE LIMITED LIABILITY COMPANY
LE IN OK
LE IL HAN
CHANG RICHARD
CHANG HELEN
CHANG HELEN DBA MAMA'S CLEANERS DBA SUN VALLEY CLEANERS
LEE IN OK
CHANG RICHARD DBA MAMA'S CLEANERS DBA SUN VALLEY CLEANERS
LEE IL HAN
CHANG RICHARD
CHANG HELEN
SUNSHINE CLEANERS INC
CHANG HELEN DBA MAMA'S CLEANERS DBA SUN VALLEY CLEANERS
CHANG RICHARD DBA MAMA'S CLEANERS DBA SUN VALLEY CLEANERS
SUNSHINE CLEANERS INC A CALIFORNIA CORPORATION DBA GLENDORA EAST ONE HOUR CLEANERS
STELZER CYNTHINA D.
STELZER CYNTHIA DENISE
HAAN KENNETH T. LAW OFFICES OF
PAK J.P. ESQ.
HAAN KENNETH TAEHO
3/20/2020: Notice Re: Continuance of Hearing and Order
11/14/2019: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil
11/14/2019: Order - ORDER TENTATIVE RULING
10/11/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DISCOVERY (NOT "FURTHER DISCOVERY...)
9/10/2019: Opposition - OPPOSITION OPPOSITION TO MOTION TO COMPEL RESPONSES
9/12/2019: Reply - REPLY TO OPPOSITION BY CROSSDEFENDANT SUNSHINE CLEANERS, . INC., TO CROSS"'COMPLAINTS' MOTION FOR AN ORDER TO COMPEL CROSS-DEFENDANT SUNSHINE CLEANERS, INC., TO ANSWER TO DISCOVERY REQUESTS AN
8/20/2019: Motion for Order - MOTION FOR ORDER TO COMPEL CROSSDEFENDANT SUNSHINE CLEANERS
1/8/2018: Complaint
1/11/2018: Notice of Case Management Conference
2/23/2018: Legacy Document - LEGACY DOCUMENT TYPE: OSC-FAILURE TO FILE PROOF OF SERV
3/19/2018: Legacy Document - LEGACY DOCUMENT TYPE: RTN OF SERVICE OF SUMMONS & COMPL
3/19/2018: Legacy Document - LEGACY DOCUMENT TYPE: RTN OF SERVICE OF SUMMONS & COMPL
3/19/2018: Legacy Document - LEGACY DOCUMENT TYPE: RTN OF SERVICE OF SUMMONS & COMPL
4/30/2018: Cross-Complaint
5/30/2018: Proof of Service (not Summons and Complaint)
4/16/2019: Ex Parte Application - EX PARTE APPLICATION JOINT STIPULATED EX PARTE APPLICATION FOR CONTINUANCE OF TRIAL; DECLARATION OF KENNETH T. HAAN, ESQ.; DECLARATION OF CYNTHIA STELZER, ESQ.
4/19/2019: Order - ORDER [PROPOSED] ORDER ON STIPULATED EX-PARTE APPLICATION TO CONTINUE TRIAL
7/13/2018: Case Management Statement -
Hearing10/13/2020 at 08:30 AM in Department J at 400 Civic Center Plaza, Pomona, CA 91766; Jury Trial
Hearing10/05/2020 at 08:30 AM in Department J at 400 Civic Center Plaza, Pomona, CA 91766; Order to Show Cause Re: Failure to Proceed with Default Judgment as to Cross-Defendants
Hearing10/05/2020 at 08:30 AM in Department J at 400 Civic Center Plaza, Pomona, CA 91766; Final Status Conference
Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Jury Trial - Not Held - Continued - Court's Motion
Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Order to Show Cause Re: (Failure to Proceed with Default Judgment as to Cross-Defendants) - Not Held - Continued - Court's Motion
Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Final Status Conference - Not Held - Continued - Court's Motion
DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk
Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court
DocketNotice (OF ORDER ON OSC RE TERMINATING SANCTIONS AGAINST CROSS-DEFENDANT SUNSHINE CLEANERS, INC., AND ON FINAL STATUS CONFERENCE); Filed by Il Han Lee (Cross-Complainant); In Ok Lee (Cross-Complainant)
Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Final Status Conference - Held - Continued
DocketDefault Entered; Filed by ROIC CALIFORNIA LLC, a Delaware limited liability company (Plaintiff)
DocketRtn of Service of Summons & Compl; Filed by ROIC CALIFORNIA LLC, a Delaware limited liability company (Plaintiff)
DocketRtn of Service of Summons & Compl; Filed by ROIC CALIFORNIA LLC, a Delaware limited liability company (Plaintiff)
DocketRtn of Service of Summons & Compl; Filed by ROIC CALIFORNIA LLC, a Delaware limited liability company (Plaintiff)
DocketRtn of Service of Summons & Compl; Filed by ROIC CALIFORNIA LLC, a Delaware limited liability company (Plaintiff)
DocketOSC-Failure to File Proof of Serv; Filed by Clerk
DocketNotice of Case Management Conference; Filed by Clerk
DocketCivil Case Cover Sheet; Filed by ROIC CALIFORNIA LLC, a Delaware limited liability company (Plaintiff)
DocketComplaint; Filed by ROIC CALIFORNIA LLC, a Delaware limited liability company (Plaintiff)
DocketSummons (on Complaint)
Case Number: KC069940 Hearing Date: November 14, 2019 Dept: J
HEARING DATE: Thursday, November 14, 2019
NOTICE: OK
RE: ROIC California, LLC v. Le, et al. (KC069940)
______________________________________________________________________________
Counsel for Cross-Defendant Sunshine Cleaners, Inc.’s (i.e., J.P. Pak of The Law Offices
of J.P. Pak) MOTION TO BE RELIEVED AS COUNSEL
Responding Party: None (unopposed, as of 11/4/19, 8:50 a.m.; due 10/31/19)
Tentative Ruling
Counsel for Cross-Defendant Sunshine Cleaners, Inc.’s (i.e., J.P. Pak of The Law Offices
of J.P. Pak) Motion to be Relieved as Counsel is GRANTED, effective upon the filing of the
proof of service showing service of the signed order upon the Client. The court sets an
Order to Show Cause Re: Representation of Corporation for ______________________.
Background
Plaintiff ROIC California, LLC (“Plaintiff”) alleges that on or about February 10, 2000, Il Han
Lee (erroneously sued as Il Han Le) and In Ok Lee (erroneously sued as In Ok Le) (collectively,
the “Lees”) executed a written Shopping Center Lease (“Lease”), wherein the Lees leased the
premises located at 529 South Glendora Avenue, Suite 529B in Glendora, California
(“premises”) from Plaintiff’s predecessor-in-interest for a 5-year term. The Lees executed
various amendments to the Lease, which, inter alia, extended the Lease to January 31, 2019.
Plaintiff alleges that The Lees assigned the Lease to Richard Chang and Helen Chang
(collectively, “the Changs”) on or about August 1, 2015, but that the Lees agreed and understood
that they would remain liable under the terms of the Lease. Plaintiff alleges that the Lease has
been breached for failure to pay rent.
On January 8, 2018, Plaintiff filed a complaint, asserting causes of action against Defendants the
Lees, the Changs and Does 1-20 for:
Breach of Lease
On April 16, 2018, the Changs’ defaults were entered. On April 30, 2018, the Lees filed a cross-complaint, asserting causes of action therein against the Changs dba Mama’s Cleaners and also dba Sun Valley Cleaners, Sunshine Cleaners, Inc. dba Glendora East One Hour Cleaners and Roes 1-20 for:
Breach of Written Contract
Intentional Misrepresentation (Fraud and Deceit)
Fraudulent Concealment (Fraud and Deceit)
Negligent Misrepresentation
Fraud and Fraudulent Transfer in Violation of UFTA (Civil Code §§ 3439-3439.12) and Penal Code §§ 154, 155 and 531)
The Final Status Conference is set for January 21, 2020. Trial is set for January 28, 2020.
Discussion
J.P. Pak (“Pak”) of The Law Offices of J.P. Pak seeks to be relieved as counsel of record for
Cross-Defendant Sunshine Cleaners, Inc. (“Client”).
The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398.
California Rule of Court (“CRC”) Rule 3.1362 requires (1) a notice of motion and motion directed to the client (made on the Notice of Motion and Motion to Be Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under CCP § 284(2) is brought instead of filing a consent under CCP § 284(1) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) a proposed order relieving counsel (prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel—Civil form (MC-053)). The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court.
Pak states that he has served the Client by mail at the Client’s last known address with copies of the motion papers served with his declaration and that he has confirmed by telephone within the past 30 days that the address is current.
Pak states in his declaration that Client and Pak are “at considerable odds regarding the means and methods of the prosecution of this action, which has caused an irreparable breakdown in the attorney-client relationship.” Pak further states that “Client has refused to communicate and cooperate with [Pak] and has not returned numerous messages.”
The court determines that the requirements of Rules of Court Rule 3.1362 enumerated above
have been sufficiently met. Accordingly, the motion is GRANTED, effective upon the filing of
the proof of service showing service of the signed order upon the Client.
The court sets an Order to Show Cause Re: Representation of Corporation for
____________________.