Case Name:   Amy Anzai, et al.  v. Julie Callahan, et al.

Case No.:       1-13-CV-253479

Motion by Plaintiffs Amy Anzai and Mark Dobson to Review Claim of Conflict of Interest and Order Relief

            Defendants are correct that Plaintiffs have not filed motion papers that conform to the requirements of Rule of Court 3.1112.  The court will attempt to discern what relief Plaintiffs are seeking.  (Sorenson v. Superior Court (2013) 219 Cal.App.4^th 409, 421.)

Plaintiffs appear to request the following relief: (1) that John Gill, counsel for Defendants, “immediately cease and desist acting as or portraying to represent the Garden Green Village Homeowners Association or any of its members due to an obvious Conflict of Interest”; (2) “All four (4) Defendants must bear personal responsibility for their own legal costs, and NOT expect the Plaintiffs to bear the cost of the Defendants with their precious, limited, NON-PROFIT funds”; and (3) “any GGV HOA funds that have been used to pay for the defense of the [sic] ANY of the named Defendants to be immediately reimbursed to the Association.”  (Plaintiff’s Motion, at 1:22-2:1.)

Defendants are also correct that Plaintiffs have not stated the legal grounds for seeking this relief and have not submitted points and authorities which, pursuant to Rule of Court 3.1113(a), may be construed as an admission that the motion is not meritorious.  Plaintiffs have not submitted evidence, although the court notes that the eight-line “motion” follows a jurat.

Defendants’ opposition, filed August 8, 2014, states Defendants’ understanding that the only plaintiffs in the action are Ms. Anzai and Mr. Dobson and that Massingham & Associates is not a defendant.  (Opposition, at 1:25-26 and 2:18.)  After the court (Hon. Stoelker) sustained Defendants’ demurrer with leave to amend on April 3, 2014, Plaintiffs filed a First Amended Complaint (FAC) on May 1, 2014.  The FAC, after naming the four Defendants, states “both dba Associa Inc/Massingham & Assoc.”  The FAC includes, on page 24, an unsigned and undated “Certificate of Service” on Mr. Gill.  The Case Management Statement filed by Defendants on June 10, 2014, states “Plaintiffs have said they will file a second amended complaint rather than require the defendants to file a demurrer to the first amended complaint.”  The minutes of the June 24, 2014 Case Management Conference state “2^nd amended complaint to be filed & served by 7-8-14”, but the court has not been able to find a stipulation or order allowing such filing.  On July 9, 2014, a document was filed entitled “Plaintiffs’ Second Amended Complaint” (SAC) which in the caption lists as a plaintiff “The Members of the Garden Green Village Homeowners Association”.  The SAC includes a proof of service signed by Mr. Dobson, stating that Mr. Gill was served with the SAC by electronic mail on July 8, 2014.

The court cannot discern, and is reluctant to guess, what might the legal or factual basis for the relief that Plaintiffs seek.  Accordingly, the motion is denied.