Barrios, et al. v. Levon Dzhabrayan, et al.
Motion to be relieved as counsel
Motion type
Parties
Attorneys
Ruling
CASE NO.: 25STCV06382 MOTION TO BE RELIEVED AS COUNSEL MOVING PARTY/PARTIES: Attorney Gerald L. Marcus RESPONDING PARTY/PARTIES: None PROOF OF SERVICE: · Correct Address: Counsel represents he confirmed the address by telephone. · Served electronically on March 17, 2026 for a hearing date of September 1, 2026.
CASE HISTORY: · March 6, 2025: Complaint filed. · September 4, 2025: Entire action dismissed. · February 25, 2026: Motion to set aside dismissal of Plaintiff's claims granted.
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Diana De La Cruz ("Plaintiff") filed this action based on injuries Plaintiff alleges she sustained in a motor vehicle collision. Attorney Gerald L. Marcus ("Counsel") moves to be relieved as counsel for Plaintiff. Plaintiff has not opposed the motion.
TENTATIVE RULING: Counsel's motion to be relieved as counsel is GRANTED. Moving party to give notice.
DISCUSSION: Motion to be relieved as counsel Counsel has filed forms MC-051 and MC-052 and has lodged with the Court a copy of the proposed order on form MC-053 as required. (Cal Rules of Court, rule 3.1362.) The basis for the motion is a breakdown in the attorney-client relationship. This is a valid reason for withdrawal. Accordingly, the motion is granted.
Counsel should note that the order will become effective upon the filing of proof of service of a signed copy of the order on Plaintiff. Counsel will remain the attorney of record until Counsel files with the Court proof of service of the signed order. Counsel is to serve a copy of the signed order (form MC-053) on Plaintiff within 10 days, and file proof of service thereof. Accordingly, Counsel's motion to be relieved as counsel is GRANTED. Moving party to give notice. IT IS SO ORDERED. Dated: September 1, 2026 ___________________________________ Rolf M. Treu Judge of the Superior Court
Any party may submit on the tentative ruling by contacting the courtroom via email at [email protected] by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.
Judge Rolf M. Treu, Department 415 HEARING DATE: September 1, 2026 TRIAL DATE: Not set. CASE: Troia v. Life Source International School, et al.
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