Lyons LA, Inc. v. 550 West Regent Street Homeowners Association, Inc.

III. DISCUSSION Plaintiff seeks leave to file a first amended complaint to include additional causes of action for defamation, tortious interference, intentional infliction of emotional distress, civil conspiracy, public disclosure of private facts, and negligence arising from Defendant's alleged post-settlement breaches of a February 22, 2021, Confidential Settlement and Non-Disparagement Agreement and related tortious conduct. (Motion, at p. 3.)

Plaintiff argues that there is no prejudice arising from the amendment and that amendment will promote judicial economy by resolving all related claims in a single action. (Id., at pp. 3-4.)

The court finds that Plaintiff complies with the requirements of¿Rule 3.1324 by providing a copy of the proposed first amended complaint, identifying the changes to be made, and stating why the amendment is necessary. (Id., at p. 4, Exh. A.)

The court also notes that Defendant does not oppose the proposed amendment. (Cal. Rules of Court, rule 8.54, subd. (c) ["A failure to oppose a motion may be deemed a consent to the granting of the motion."]; Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

Accordingly, the motion is granted.

IV. CONCLUSION Plaintiff Colette Barris' Motion for Leave to File First Amended Complaint is GRANTED.

550 West Regent Street Homeowners Association, Inc.'s Counsel Zachary Levine, Esq.'s Motion to be Relieved as Counsel is GRANTED, effective upon the filing of proof of service showing service of the signed order.

I. BACKGROUND On April 8, 2024, Plaintiff Lyons LA, Inc. ("Lyons") filed a complaint against Defendant 550 West Regent Street Homeowners Association, Inc. ("550 West") alleging causes of action for: 1. Breach of Contract; and 2. Declaratory Relief.

On May 31, 2024, 550 West filed an answer to Lyons' complaint.

On June 3, 2024, 550 West filed an amended answer to Lyons' complaint and a cross-complaint in pro per against Lyons.

On June 17, 2024, after retaining counsel, 550 West filed a cross-complaint.

On June 4, 2025, Lyons filed an answer to 550 West's cross-complaint.

On August 5, 2026, counsel for 550 West, Zachary Levine, Esq. ("Counsel"), filed: (1) MC-051, Motion to be Relieved as Counsel; (2) Declaration in Support of Motion to be Relieved as Counsel; (3) MC-053, Proposed Order; and (4) Proof of Service.

No opposition or other responsive pleading has been filed.

II. LEGAL STANDARD "The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: 1. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; 2. Upon the order of the court, upon the application of either client or attorney, after notice from one to the other." (Code Civ. Proc., Sec. 284.)

An attorney moving to be relieved as counsel under California Code of Civil Procedure section 284(2) must meet the requirements set out in California Rules of Court, rule 3.1362.

To comply with Rule 3.1362, the moving party must submit the following forms: (1) Notice of Motion and Motion to be Relieved as Counsel; (2) Declaration in Support of Attorney's Motion to be Relieved as Counsel; and (3) Order Granting Attorney's Motion to be Relieved as Counsel. (Cal. Rules of Court, Rule 3.1362, subd. (a), (c), (e).)

The moving party must serve the aforementioned forms on the client and all other parties who have appeared in the case. (Cal. Rules of Court, Rule 3.1362, subd. (d).)

Further, when the client is served by mail, the attorney's declaration must show that the client's address was confirmed within the last 30 days and how it was confirmed. (Ibid.)

Absent a showing of resulting prejudice, an attorney's request for withdrawal should be granted. (People v. Prince (1968) 268 Cal.App.2d 398, 406.)

III. DISCUSSION Counsel's motion complies with the requirements of California Rules of Court, rule 3.1362, in that Counsel provided a motion to be relieved as Counsel; a declaration in support; a proposed order granting Counsel's motion; and proof of service as to 550 West.

The declaration states that there has been a breach in the retainer agreement and a breakdown in attorney-client communication. (Wolk Decl., P. 2.)

The court determines that the requirements of Rule 3.1362 enumerated above have been sufficiently met.

The court grants the requested withdrawal effective upon the filing of proof of service showing service of the signed order to 550 West.

IV. CONCLUSION

Defendant/Cross-Complainant 550 West Regent Street Homeowners Association, Inc.'s Counsel Zachary Levine, Esq.'s Motion to be Relieved as Counsel is GRANTED, effective upon the filing of proof of service showing service of the signed order.

Case Number: 26STCV23737 Hearing Date: September 3, 2026 Dept: 408 Plaintiff Jason Ivan Escobar Cruz's Counsel Dario C. Gomez, Esq.'s Motion to be Relieved as Counsel is GRANTED, effective upon the filing of proof of service showing service of the signed order.

I. BACKGROUND On July 28, 2026, Plaintiff Jason Ivan Escobar Cruz ("Plaintiff") filed a complaint against Defendants Boparai Trucklines Inc. and Harpal Singh ("Defendants") alleging causes of action for: 1. Motor Vehicle Negligence; and 2. General Negligence.

On July 31, 2026, counsel for Plaintiff, Dario C. Gomez, Esq. ("Counsel"), filed: (1) MC-051, Motion to be Relieved as Counsel; (2) Declaration in Support of Motion to be Relieved as Counsel; (3) MC-053, Proposed Order; and (4) Proof of Service.

No opposition or other responsive pleading has been filed.

II. LEGAL STANDARD "The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: 1. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; 2. Upon the order of the court, upon the application of either client or attorney, after notice from one to the other." (Code Civ. Proc., Sec. 284.)

An attorney moving to be relieved as counsel under California Code of Civil Procedure section 284(2) must meet the requirements set out in California Rules of Court, rule 3.1362.

To comply with Rule 3.1362, the moving party must submit the following forms: (1) Notice of Motion and Motion to be Relieved as Counsel; (2) Declaration in Support of Attorney's Motion to be Relieved as Counsel; and (3) Order Granting Attorney's Motion to be Relieved as Counsel. (Cal. Rules of Court, Rule 3.1362, subd. (a), (c), (e).)

The moving party must serve the aforementioned forms on the client and all other parties who have appeared in the case. (Cal. Rules of Court, Rule 3.1362, subd. (d).)

Further, when the client is served by mail, the attorney's declaration must show that the client's address was confirmed within the last 30 days and how it was confirmed. (Ibid.)

Absent a showing of resulting prejudice, an attorney's request for withdrawal should be granted. (People v. Prince (1968) 268 Cal.App.2d 398, 406.)