Motion to be Relieved as Counsel
Similarly, there is a history of abuse, as Moore failed to comply with discovery obligations despite numerous extensions, requests, and one motion concerning the discovery. (See Mileikowsky, in which the court found failure to answer discovery requests despite numerous extensions provided was sufficient to demonstrate a basis for terminating.)
Finally, the evidence shows less severe sanctions would not produce compliance, as Moore failed to appear for her deposition despite imposition of a Court order and monetary sanctions. Moore appears to have effectively abandoned this case; the evidence shows no monetary, issue, or evidentiary sanctions will likely cure this abandonment.
Therefore, the Court grants the motion.
IV. CONCLUSION
Defendants' motion for terminating sanctions against Plaintiff Alexis Moore is therefore GRANTED. Moore's action against Defendants is dismissed. Moving party is ordered to give notice.
DATED: August 17, 2026 __________________________ Hon. Alexander C.D. Giza Judge of the Superior Court
PLEASE TAKE NOTICE:
* Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
* If a party intends to submit on this tentative ruling, the party must send an email to the court at [email protected] with the Subject line "SUBMIT" followed by the case number. The body of the email must include the hearing date and time, counsel's contact information, and the identity of the party submitting.
* Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument. You should assume that others may appear at the hearing to argue.
* If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court. After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.
[1] Undesignated statutory references are to the Code of Civil Procedure.
Superior Court of California County of Los Angeles
Department 730 ANITA HARRIS, et al., Plaintiffs, vs. RAINBOW APARTMENTS et al., Defendants | Case No.: |
| Hearing Date: | August 17, 2026 | | | [TENTATIVE] ORDER GRANTING UNOPPOSED MOTION TO BE RELIEVED AS COUNSEL |
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I. BACKGROUND
Plaintiffs Anita Harris ("Harris"), Edd Rodgers ("Rodgers"), Haakeem Howard ("Howard"), and Sean Lewis ("Lewis") all rented individual apartments from Defendant Rainbow Apartments, L.P., ("Rainbow"), which were managed via Defendant SRHT Property Management Company ("SRHT"). Defendants allegedly failed to provide housing that met the standard of habitability, as it lacked weather protection, plumbing, sanitation, and ventilation and had vermin and mold. Plaintiffs sued Defendants for seven causes of action, including breach of warranty of habitability.
On July 1, 2026, Rodgers's attorney, Daniel Lavi, filed this instant motion to be relieved as counsel for Rodgers. No opposition has been filed to date.
II. LEGAL STANDARD
A Motion to Be Relieved as Counsel requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel--Civil form (MC-051)); (2) a declaration stating 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) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel--Civil form (MC-052)); (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel--Civil form (MC-053)).
The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client, and it does not disrupt the orderly process of justice. (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)
III. DISCUSSION
Counsel submitted completed MC-051, MC-052 and MC-053 forms in compliance with the California Rules of Court rule 3.1362 requirements. Counsel submitted a declaration stating that there has been irreconcilable breakdown in the attorney-client relationship (MC-052, P. 2.)
Counsel asserts counsel served Rodgers at his last known address via mail. (MC-052 P. 3(a)(2).) Although counsel could not confirm Rodgers's address, he made the attempt to do so by mailing the motion papers with return receipt requested, calling Rodgers's last known telephone number, and conducting a search via LexisNexis. (MC-052 P. 3(b)(2).)
Counsel served all parties who have appeared in this action, including Rodgers, with this motion. Counsel need not serve the other Plaintiffs, as counsel represents them.
There is no indication of undue prejudice to Rodgers from the Court granting this motion. This matter has no currently set trial date, leaving Rodgers sufficient time to seek new counsel prior to the end of discovery and the start of trial.
IV. CONCLUSION
Rodgers's Counsel's Motion to Be Relieved as Counsel is therefore GRANTED. Counsel will be relieved upon filing proof of service upon the client of the Order Granting Attorney's Motion to Be Relieved as Counsel--Civil (Judicial Council form MC-053). Counsel is ordered to give notice.
DATED: August 17, 2026 __________________________ Hon. Alexander C.D. Giza Judge of the Superior Court
PLEASE TAKE NOTICE:
* Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
* If a party intends to submit on this tentative ruling, the party must send an email to the court at [email protected] with the Subject line "SUBMIT" followed by the case number. The body of the email must include the hearing date and time, counsel's contact information, and the identity of the party submitting.
* Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument. You should assume that others may appear at the hearing to argue.
* If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court. After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.
Case Number: 26STCV10152 Hearing Date: August 17, 2026 Dept: 730 Superior Court of California County of Los Angeles Department 730 REEL WEST INC., Plaintiff, vs. DAMON HARRIS, et al., Defendants. | Case No.: | 26STCV10152 | Hearing Date: | August 17, 2026 | | | ORDER OVERRULLING DEMURRER TO COMPLAINT |
I. BACKGROUND
Plaintiff Reel West Inc.("RW"), possessor of a junior lien over 5319 Tendilla Avenue, Woodland Hills, California 91364 (the "subject property"), brought this action against Defendants to quiet title over the subject property due an allegedly defective promissory note and deed of trust that purport to encumber the subject property in the senior position. RW sued Defendants for declaratory relief, quiet title, and cancelation of instrument.