Ong vs. Best Landscape, Inc

LAW & MOTION CALENDAR TENTATIVE RULINGS

August 27, 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 to 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

10:00 a.m

1 Ong vs. Best The motion by Jonathan D. Kintzele of Kintzele Law Group, P.C., as Landscape, Inc counsel for Plaintiff Eugene Ong is CONTINUED to October 01, 2026, at 10:00 am in Department C10.

An attorney may withdraw even without cause as long as “withdrawal can be accomplished without undue prejudice to the client’s interests.” (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) It is within the court’s discretion as to whether to deny an attorney’s request to withdraw because such withdrawal would cause injustice or undue delay in the proceeding; however, such discretion is to be exercised reasonably. (See Mandell v. Sup. Ct (1977) 67 Cal.App.3d 1, 4.)

A notice of motion and motion to be relieved as counsel under CCP section 284(2) shall be directed to the client and shall be made on the Notice of Motion and Motion to Be Relieved as Counsel-Civil form (MC-051). (Cal. R. Ct. 3.1362(a).) No memorandum is required for the motion. (Cal. R. Ct. 3.l362(b)). The motion shall be accompanied by a declaration stating in general terms, without compromising the confidentiality of the attorney- client relationship, why counsel is making a motion instead of filing a consent. (Cal.

R. Ct. 3.1362(c)). If the motion is served by mail, it shall be accompanied by a declaration stating facts showing either that (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 prior to filing the motion. (Cal. R. Ct. 3.1362(d)).

The motion may be brought on various grounds, some of which include the client’s failure to pay attorney fees (People v. Prince (1968) 268 Cal.App.2d 398, 406), the client’s insistence on an action that is not justified under existing law or by good faith argument (Estate of Falco v. Decker (1987) 188 Cal.App.3d 1004, 1015), and a conflict of interest between counsel and the client (Aceves v. Superior Court (1996) 51 Cal.App.4th 584, 592).

Here, the motion is substantively sufficient. Counsel has provided the reason for withdrawal—a breakdown in the attorney-client relationship. However, Counsel has failed to file a proof of service, establishing that both the client and defense counsel have received notice of the motion papers.

The hearing is, therefore, continued to October 01, 2026 at 10:00 am. Counsel is ordered to file a proof of service establishing that the client received proper service by mail and/or by personal service and that defense counsel has already received proper notice.

Counsel is also ordered to give notice of the continued hearing.

2 Gill vs. Ortega's Counsel Sam Dehbozorgi c/o The Fullman Firm, P.C.’s motion to be Moving & Delivery relieved as counsel of record for Defendant Ortega’s Moving & Delivery Service, Inc. Service, Inc. is GRANTED.

Counsel Sam Dehbozorgi is ORDERED to submit to this court a proposed Order Granting Attorney’s Motion to Be Relieved as Counsel– Civil (Form MC-053), that includes the updated dates for the discovery motions and the Informal Discovery Conference within 10 days of this ruling. (See ¶ 8 of Proposed Order).

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