Qazi v. Avenue One Community Association, Inc.

LAW & MOTION CALENDAR TENTATIVE RULINGS

June 18, 2026

Judge R. Shawn Nelson Department C10

Department C10 hears law and motion on Thursdays at 10:00 a.m. and 1:30 p.m.

Court reporters: Official court reporters are not provided in this department for any proceedings. If the parties desire the services of a court reporter, the parties should follow the procedures set forth in the Privately Retained Court Reporter Policy on the court’s website at www.occourts.org.

Tentative rulings: The court endeavors to post tentative rulings on the court’s website by 9:00 a.m. the day of the hearing. Tentative rulings may not be posted in every case. Please do not call the department for tentative rulings if tentative rulings have not been posted. The court will not entertain a request to continue a hearing or the filing of further documents once a tentative ruling has been posted.

Submitting on tentative rulings: If all counsel intend to submit on the tentative ruling and do not desire oral argument, please advise the Courtroom Clerk or Courtroom Attendant by calling (657) 622- 5210. Please do not call the department unless all parties submit on the tentative ruling. If all sides submit on the tentative ruling and so advise the court, the tentative ruling shall become the court’s final ruling and the prevailing party shall give notice of the ruling and prepare an order for the court’s signature if appropriate under Cal. R. Ct. 3.1312.

Appearances and public access: Appearances, whether in person or remote, must comply with Civil Procedure Code section 367.75, California Rule of Court 3.672, Orange County Superior Court Local Rule 375, and Orange County Superior Court Appearance Procedure and Information—Civil Unlimited and Complex (pub. 9/9/22).

Unless the court orders otherwise, remote appearances will be conducted via Zoom. All counsel and selfrepresented parties appearing via Zoom must check in through the court’s civil remote appearance website before the hearing begins. Check-in instructions are available on the court’s website.

The public may attend hearings by coming to court or via remote access as described above.

Photographing, filming, recording, and/or broadcasting court proceedings are prohibited unless authorized pursuant to California Rule of Court 1.150 or Orange County Superior Court Local Rule 180.

Non-appearances: If nobody appears for the hearing and the court has not been notified that all parties submit on the tentative ruling, the court shall determine whether the matter is taken off calendar or the tentative ruling becomes the final ruling.

NO. CASE NAME MATTER

10 a.m.

1 Qazi v. Avenue William O. Martin, Jr. moves to be relieved as counsel of record for One Community Defendant PMP Management, LL. The hearing on this motion is Association, Inc. CONTINUED to July 2, 2026 at 10:00 a.m. in Department C10.

Moving counsel caused the motion to be served by email. Technically, the proof of service is defective because it does not state the sender’s email address. (Code Civ. Proc., § 1013b(b)(1).) 1

More importantly, however, Cal. R. Ct., rule 3.1362(d)(2) provides that if a motion to be relieved “is served on the client by electronic service ... it must be accompanied by a declaration stating that the electronic service address is the client's current electronic service address.” “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 or no electronic delivery failure message was received 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.” (Id.)

Counsel’s declaration does not provide this required information. Instead, counsel’s declaration states that the motion was served by mail (not email) at the client’s last known address, but counsel provided no proof of service by mail.

Moving counsel shall file a sufficient proof of service at least 5 court days before the continued hearing.

Moving counsel shall give notice of this ruling.

1:30 p.m.

1 Latif v. Jack W. Defendants Jack Mitchell Construction, Inc., Jack Mitchell Construction, Mitchell Jack W. Mitchell and Lorie Mitchell’s Demurrer to Plaintiff Alaa Latif’s Construction, Inc. First Amended Complaint is OVERRULED as to the 2nd, 4th, 5th, and 7th causes of action, and SUSTAINED as to the 1st cause of action, as to Defendants Lorie Mitchell and Jack Mitchell, and SUSTAINED as to the 3rd and 6th causes of action.

Plaintiff is granted 15 days leave to amend the complaint.

1st COA - Violation of Bus. & Prof. Code § 7031(b) - Disgorgement

First, Defendants contend that this cause of action fails as to the individual defendants, Jack Mitchell and Lorie Mitchell, because they were not the contractors whose license was suspended. Defendants also contend that it is uncertain as to what conduct is actually alleged against each Defendant.

Bus. & Prof. Code §7031, subd. (b) provides: “Except as provided in subdivision (e), a person who utilizes the services of an unlicensed contractor may bring an action in any court of competent jurisdiction in this state to recover all compensation paid to the unlicensed contractor for performance of any act or contract.” Subd. (e) provides: “The judicial doctrine of substantial compliance shall not apply under this section where the person who engaged in the business or acted in the capacity of a contractor has never been a duly licensed contractor in this state.

However, notwithstanding subdivision (b) of Section 143, the court may determine that there has been substantial compliance with licensure requirements under this section if it is shown at an evidentiary hearing that the person who engaged in the business or acted in the capacity of a contractor (1) had been duly licensed as a contractor in

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