Ali Saleh v. Richard Uballez

Case Number: BC532957    Hearing Date: July 17, 2014    Dept: 32

CASE NAME: Ali Saleh v. Richard Uballez, et al.
CASE NO.: BC532957
HEARING DATE: 07/17/14
DEPARTMENT: 32
CALENDAR NO.: 18
SUBJECT: Motion to be Relieved as Counsel
MOVING PARTY: Robert M. Moss (Law Offices of Robert M. Moss, Inc.), counsel of record for Defendant Richard Uballez individually and dba R & R Consulting dba R & R Trading, and IPX Global, LLC (“Counsel”)
RESP. PARTY: None

COURT’S TENTATIVE RULING

Motion to be Relieved as Counsel GRANTED. The court sets an OSC Re: Status of Corporate Defendant IPX Global LLC’s Legal Representation for a date to be selected at the hearing.

ANALYSIS

Service and notice

The notice of motion and motion must be served on the client and on all other parties who have appeared in the case. (CRC 3.1362(d).) In his declaration on form MC-052, counsel states that he served Defendants by mail at their last known address, with confirmation of the address in the last 30 days by telephone. Therefore, service on Defendants was proper.

Merits

In a declaration, Counsel states that Defendants have failed to fulfill their obligation to pay legal fees and have not responded to emails, texts, and letters. Because Counsel shows a failure of communication and a failure to pay legal fees, Counsel has shown good cause for withdrawal.

OSC Re: Defendant’s Legal Representation

Defendant IPX Global, LLC appears to be a LLC entity that may not represent itself in pro per. (See Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal. App. 4th 1094, 1101.) Accordingly, the court will set an OSC Re: Status of Corporate Defendant IPX Global, LLC’s Legal Representation, as stated in the above ruling. The date will be set at the hearing.

Upcoming Dates/Deadlines

• Referral to court’s MSC program, 8/5/14
• Final Status Conference, 5/5/15
• Trial, 5/12/15

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