Substitution/Association of Attorney

Useful Rulings on Substitution or Association of Attorney

Recent Rulings on Substitution or Association of Attorney

DR JERROLD S DREYER MD ET AL VS JM CAPITAL INVESTMENTS LLC E

Additionally, the declaration “must state in general terms and without compromising the confidentiality of the attorney client relationship why” a motion is brought instead of filing a substitution of attorney. (CRC, 3.1362(c).) Discussion The Court finds that Counsel submits all the mandatory forms. Counsel states that an irreparable breakdown of the attorney-client relationship has occurred. Counsel served her client by mail at her last known address.

  • Hearing

    Oct 01, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

GREEN MUTUAL PROPERTY AND INVESTMENT CO., ET AL VS. WILSHIRE BANK ET AL

Said defendants will now each represent themselves, individually, at this time until and unless a formal substitution of attorney is filed, which replaces each of them with a new attorney of record, collectively or otherwise. DISCUSSION: Motion to Recuse Counsel Motion to “Rescue”? At the outset, the Court commends Plaintiff for filing a truly novel motion, described in its notice as a “Motion to Rescue” Defendants’ counsel. (Notice, at p. 2, bold emphasis added.)

  • Hearing

    Sep 30, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

SHARON A. SPERLING VS PAUL SPERLING, JR.

The Court notes that a valid Substitution of Attorney was filed on September 18, 2020 removing Plaintiff’s former attorney George M. Halimi, Esq. as counsel of record and substituting in Plaintiff as a self-represented party. Accordingly, the instant motion is moot. The parties are strongly encouraged to attend all scheduled hearings virtually or by audio. Effective July 20, 2020, all matters will be scheduled virtually and/or with audio through the Court’s LACourtConnect technology.

  • Hearing

    Sep 29, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ROSS BURKE VS SLAVISH SHAMOEIL, ET AL.

of attorney form and has not returned phone calls; and (7) the attorney-client relationship has been damaged beyond repair.

  • Hearing

    Sep 29, 2020

  • Type

    Real Property

  • Sub Type

    other

REBECCA COOPER VS KENNETH GRAY, ET AL.

You are executing your own Substitution of Attorney form to represent yourself personally, and you understand you cannot represent the limited liability companies and do not want to retain new counsel. It is your intent to have the Court simply strike the Answer and Cross-Complaint and enter defaults.” (Kennedy Decl., ¶¶ 3-4, Ex. A.)

  • Hearing

    Sep 29, 2020

  • Type

    Contract

  • Sub Type

    Breach

DIANE II SHORE AND KENNETH C. EVANS, ET AL

On January 16, 2018, the court held the initial case management conference (“CMC”) At the CMC, Defendant indicated that new counsel would be substituting in to represent Defendant, The court ordered the parties to meet and confer regarding mediation and continued the CMC to March 8, 2018, On January 22, 2018, Defendant’s current counsel filed a substitution of attorney and made an appearance in the action.

  • Hearing

    Sep 29, 2020

  • Judge

    STEPHEN P, FRECCERO

  • County

    Marin County, CA

TIMOTHY D. REUBEN, INC. VS REFAYAT ALI

Ali did not pay his outstanding balance and on November 2, 2017, Reuben Inc. filed a substitution of attorney. (Compl. ¶ 8.) The amount due on the November 30, 2018, which was outstanding at the filing of this action was $228,478.63. (Compl. ¶ 10.)

  • Hearing

    Sep 28, 2020

THE MORTGAGE LAW FIRM, PLC VS ALL CLAIMANTS TO SURPLUS PROCEEDS AFTER THE TRUSTEE'S SALE OF THE REAL PROPERTY

Rheingold indicates that after he received the substitution of attorney, he spoke to Chandler, who told him that Chandler wanted Rheingold to continue to represent Chandler in this matter. [Rheingold Decl., para. 7]. The Substitution of Attorney filed in this matter in fact does not state that Rheingold consents to the substitution, but states, “Refused to Sign.” [Substitution of Attorney filed 2/26/20]. It is unclear why there is no declaration of Chandler submitted on this issue.

  • Hearing

    Sep 25, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

MITCHELL V LENTS HEARING RE: MOTION TO/FOR SANCTIONS AGAINST LENTS FORMER COUNSEL BY BLAKE WALTER DUNLAP, BLAKE WALTER DUNLAPINDEPENDENTEXECUTOR

No substitution of attorney was filed nor was there a motion to be relieved as counsel filed. (Id.) At the trial call, the court referred the parties to mediation, which resulted in a partial settlement between the Mitchell parties and Dunlap. As to Mrs. Lents, the trial was continued to March 13, 2020, and the court issued an OSC ordering Mr. Coppola to appear on that date for his failure to appear for trial. (Williams Decl., ¶24; RJN, Ex. 3.) Mrs.

  • Hearing

    Sep 25, 2020

PEREZ V. STATEBRIDGE COMPANY, LLC, ET AL.

CDLG, PC’s motion to be relieved as counsel for Plaintiff Silvia Perez was rendered moot by 9/23/2020 substitution of attorney. Hearing on motion off-calendar. OSC RE: DISMISSAL ON A SETTLED CASE The Court has read and considered the declarations by Plaintiff and her counsel. Plaintiff notes that she currently has a pending Chapter 13 bankruptcy case (US Bankruptcy Court, Central District of California case no. 8:20-bk-12191-MW).

  • Hearing

    Sep 25, 2020

HSIEH V. LIN

However, the court needs more information if the Substitution of Attorney in the amount of $7.74 (which is part of the $92.91 charge) is for the loan case or defamation case: d) 4-13-18 charge of $7.72 for Notice of Entry of Judgment-receipt submitted. The Court overrules Ms. Hsieh’s objection regarding the convenience fee. It is a mandatory charge from the court. Under Other: The remaining items that have not been specifically withdrawn appear to relate to postage/delivery fees and shall not be awarded.

  • Hearing

    Sep 24, 2020

EDUARDO MARTINEZ VS KIA MOTORS AMERICA INC

Association of Counsel Defendant argues $6.75 for costs claimed for “Association of Counsel” for Sepehr Daghigian (“Daghigian”) should be struck from “Other Costs” since neither Daghigian nor anyone from his firm worked in the matter nor appeared at any hearing, and as such the fee was not reasonable. (Motion, pg. 11.) However, Plaintiff’s inclusion of the fee is prima facie evidence it was reasonably incurred.

  • Hearing

    Sep 24, 2020

EDWIN HAMMOND MEREDITH VS FRANZ GERALD TISSERA, ET AL.

On July 9, 2019, Defendants filed a Substitution of Attorney, substituting Attorney Antonio Castillo, III for Attorney Brian M. Burns. On January 17, 2020, Defendants stated they would be self-represented rather than represented by Attorney Antonio Castillo, III. On January 22, 2020, Defendants substituted Attorney Jeff A. Mann in lieu of being self-represented. B. Applicable Law 1.

  • Hearing

    Sep 24, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MAHMOOD MICHAEL AMIN VS CHANNEL DEVELOPMENT, INC., A CALIFORNIA CORPORATION, ET AL.

Defendant retained counsel and filed a substitution of attorney on May 27, 2020. Defendant failed to file a compulsory cross-complaint before retaining counsel and now moves for leave to file it. A party who fails to plead a cause of action may apply for the court for leave to amend pleading or to file a cross-complaint at any time during the course of the action due to oversight, inadvertence, mistake, or neglect. Cal. Code of Civ. Proc. §426.50.

  • Hearing

    Sep 24, 2020

FLOWER VS ENL INVESTMENTS LLC

Plaintiff's unopposed motion to strike the answers of Defendants Green Hill Mortgage, LLC and ENL Investments, LLC is granted with 30 days leave to amend for Defendants to file a substitution of attorney substituting in counsel for Defendants. A corporation or LLC cannot appear in propria persona. Merco Construction Engineers Inc. v. Municipal Court (1978) 21 Cal.3d 724, 731. See also CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.

  • Hearing

    Sep 24, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

DAVID ELISHKOV VS THE SMEE TRUST, ET AL.

On February 20, 2020, Plaintiff filed a Substitution of Attorney. On July 1, 2020, this Court dismissed the Smee Trust and Robert Smee, Sr. Defendant Patricia A. Smee, Co-Trustee of The Smee Trust moves the court to strike portions of Plaintiff’s First Amended Complaint (“FAC”). [Tentative] Ruling Defendant’s Motion to Strike Portions of Plaintiff’s First Amended Complaint is GRANTED, in part.

  • Hearing

    Sep 23, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • Judge

    Paul A. Bacigalupo or Virginia Keeny

  • County

    Los Angeles County, CA

G2K CONSTRUCTION INC VS SHENK REAL ESTATE DEVELOPMENT INC

Grounds for Motion – Moving counsel attests that Plaintiff and moving counsel have signed a substitution of attorney providing for moving counsel to substitute out of this matter but that new counsel refuses to sign the substitution. According to moving counsel, the attorney-client relationship has thus been “negatively impacted” by his client’s desire to substitute in new counsel.

  • Hearing

    Sep 23, 2020

RE: MOTION TO BE RELIEVED AS COUNSEL FOR HOWARD LEE RUSSELL

Substitution of Attorney signed by Howard Lee Russell filed 6/19/2020 CAROLYN D CAIN CAROLYN D CAIN CDC FIDUCIARIES, INC. CAROLYN D CAIN DELLA RUSSELL DIANA LOWE CAROLYN D CAIN HOWARD LEE RUSSELL SR CAROLYN D CAIN JANICE KITTREDGE CAROLYN D CAIN JILL JUDSON CAROLYN D CAIN ORIS L RUSSELL AIMEE R MORRIS PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE -See also Line #13- Need: 1. Appearances 2.

  • Hearing

    Sep 22, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

ALDAMISA ENTERTAINMENT LLC ET AL VS DAN METCALFE ET AL

However, on March 18, 2020, a “Substitution of Attorney” was filed indicating that Plaintiff Aldamisa is currently represented by counsel Ronald D. Wilton. Conclusion: the Motion to Strike is DENIED.

  • Hearing

    Sep 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

LAKESHORE INVESTMENT LLC., A CALIFORNIA LIMITED LIABILITY COMPANY VS NOW SOLUTIONS INC., A DELAWARE CORPORATION, ET AL.

The court further notes that Defendants Now and Vertical filed substitution of attorney forms on September 16, 2020, identifying Biggins as their new legal representative. As Defendants have made clear they intend to have Biggins represent them, the court will not disregard the opposition brief for failure to file the substitution of counsel forms prior to serving their opposition brief. See Warden, 98 Cal. App. at 742-43. IV.

  • Hearing

    Sep 22, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

PNRW, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY, VS TROON, INC, ET AL.

of attorney form and has not returned phone calls; and (7) the attorney-client relationship has been damaged beyond repair.

  • Hearing

    Sep 22, 2020

JONATHAN RAMIREZ VS JUD ASHOURI

Plaintiff notes that on April 3, 2020, he filed a substitution of attorney form to substitute in his current counsel. Plaintiff’s current counsel assured Defendants’ counsel that responses would be given, and that Plaintiff would appear for his noticed deposition. (Garret Decl., ¶ 8.) Defense counsel indicated that they would take the motions off calendar upon receipt of adequate responses. Assuming that responses are given, then the motion would indeed by moot.

  • Hearing

    Sep 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

CESAR ROMERO ET AL VS BROCCA CUSTOM FINISHING CARPENTRY INC

The Court’s August 20, 2019 minute order stated that: (1) a substitution of attorney form for Defendant Brocca Custom Finishing (“BCF”) was not filed; and (2) the Court ordered that the answer filed by BCF was stricken and default was entered as of August 20, 2019.

  • Hearing

    Sep 21, 2020

FRANCISCO ROCHA VS ERIC CHAPMAN ET AL

In a declaration, Lemoli’s counsel asserts that counsel Lewis Brisbois filed a notice of association of counsel on July 28, 2020 and is in the process of substituting in as Lemoli’s sole counsel of record. Counsel states that co-counsel Veatch Carlson has been largely unresponsive to Lewis Brisbois’ repeated requests for the complete files in this matter.

  • Hearing

    Sep 18, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

CLARK & TREVITHICK, A PROFESSIONAL CORPORATION VS JO-ANN GRACE, ET AL.

BC677936 on 11/09/17; and · Exhibit 3: Substitution of Attorney for Jo-Ann Grace and Roger Grace filed in Los Angeles Superior Court, Case No. BC677936 on 10/17/18. Defendants do not oppose the Court taking judicial notice of these exhibits. (See, Reply, p. 2, fn. 1.) The Court GRANTS Plaintiff’s request for judicial notice. (Evid. Code, §452, subd. (d).) 2.

  • Hearing

    Sep 18, 2020

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