Case Number: BC629002 Hearing Date: March 29, 2018 Dept: J

Re: Nicholas Tucker v. Cigtronix, Inc., etc., et al. (BC629002)

MOTION TO BE RELIEVED AS COUNSEL

Moving Party: Sanjay Sobti and U.S. Law Center, Counsel for Cross-Complainant/Cross-Defendant Perfection Pen, LLC

Respondents: No opposition filed

POS: Moving OK

Plaintiff alleges that he sustained injuries to the right side of his face, including his right eye, when the electronic cigarette he was attempting to use allegedly exploded. The complaint, filed 8/2/16, asserts causes of action against Defendants Cigtronix, Inc. dba Mode Vape (“Cigtronix”), Z Vape and Does 1-100 for:

Strict Products Liability
Negligent Products Liability

On 11/2/16, this case was transferred to Pomona from Department 93 (personal injury hub). On 2/23/17, plaintiff filed an “Amendment to Complaint,” wherein Cultura, Inc. was named in lieu of Doe 1.

On 3/13/17, Cigtronix filed its cross-complaint, asserting causes of action against Z Vape, Perfection Pen, LLC (“Perfection Pen”), IE Vapor Inc., Cultura, Inc. (“Cultura”) and Roes 1-20 for:

Total Equitable Indemnity
Partial Equitable Indemnity
Implied Indemnity
Contribution and Repayment
Declaratory Relief

On 5/10/17, Cultura filed its cross-complaint, asserting causes of action against Cigtronix, Z Vape, Perfection Pen, IE Vapor, and Foes 1-20 for:

Equitable Indemnity and Contribution
Implied Indemnity
Declaratory Relief

On 5/19/17, Perfection Pen filed its cross-complaint, asserting causes of action against Z Vape, Cigtronix, IE Vapor, Cultura and Roes 1-100 for:

Equitable Indemnity
Declaratory Relief
Implied Equitable Indemnity and Comparative Contribution

A Trial Setting Conference is set for 3/29/18.

Sanjay Sobti, Esq. of U.S. Law Center (“Sobti”) seeks to be relieved as counsel of record for Cross-Complainant/Cross-Defendant, Perfection Pen, LLC.

“A notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) must be directed to the client and must be made on the Notice of Motion and Motion to Be Relieved as Counsel–Civil (form MC-051).” Rules of Court Rule 3.1362(a). “Notwithstanding any other rule of court, no memorandum is required to be filed or served with a motion to be relieved as counsel.” Rules of Court Rule 3.1362(b). “The motion to be relieved as counsel must be accompanied by a declaration on the Declaration in Support of Attorney’s Motion to Be Relieved as Counsel–Civil (form MC-052). The declaration 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).” Rules of Court Rule 3.1362(c).

“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. The notice may be by personal service or mail. 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: (1) The service address is the current residence or business address of the client; or (2) 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. As used in this rule, ‘current’ means that the address was confirmed within 30 days before the filing of the motion to be relieved. Merely demonstrating that the notice was sent to the client’s last known address and was not returned is not, by itself, sufficient to demonstrate that the address is current. If the service is by mail, Code of Civil Procedure section 1011(b) applies.” Rules of Court Rule 3.1362(d).

“The proposed order relieving counsel must be prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel–Civil (form MC-053) and must be lodged with the court with the moving papers. The order 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. After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case. 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.” Rules of Court Rule 3.1362(e).

Sobti has not filed the motion utilizing the mandated Judicial Council forms; accordingly, the motion is denied without prejudice.