On August 12, 2021 a
Motion-Secondary
was filed
involving a dispute between
Alarcon An Individual Victor,
Epyon Llc A California Limited Liability Company,
Torres An Individual Jorge,
Torres Susana,
and
1 To 20 Does,
Alarcon An Individual Christopher,
Alarcon Victor,
All Persons Unknown Claiming Any Legal Or Equitable Right Title Estate Lien Or Interest In The Property Described In The Complaint Adverse To Plaintiffs Title Or Any Cloud On Plaintiffs Title Thereto,
Epyon Llc A California Limited Liability Company,
Torres An Individual Jorge,
Torres An Individua Susana,
Torres Susana,
for Other Real Property (not eminent domain, landlord/tenant, foreclosure) (General Jurisdiction)
in the District Court of Los Angeles County.
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Electronically FILED by Superior Court of California, County of Los Angeles on 02/10/2023 12:12 PM David W. Slayton, Executive Officer/Clerk of Court, by V. Sino-Cruz,Deputy Clerk
MC-052
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY
MICHAEL J. SIMKIN 143260
SIMKIN & ASSOCIATES, INC.
1925 CENTURY PARK EAST, SUITE 800
LOS ANGELES, CA 90067
TELEPHONE NO.: (310) 788-9089 FAX NO.: (310) 282-7590
ATTORNEY FOR (Name) : Defendants Epyon LLC and Christopher Alarcon
NAME OF COURT: Los Angeles Superior Court
STREET ADDRESS: 111 N. Hill Street
MAILING ADDRESS: 111 N. Hill Street
CITY AND ZIP CODE: Los Angeles, CA 90012
BRANCH NAME: Central District
CASE NAME: CASE NUMBER:
Alarcon v. Epyon LLC 21STCV29839
HEARING DATE: 3-16-23
DECLARATION IN SUPPORT OF ATTORNEY'S
DEPT.: 52 TIME: 9:00 AM
BEFORE HON.: Tamzarian
MOTION TO BE RELIEVED AS COUNSEL-CIVIL
DATE ACTION FILED: 8-12-21
TRIAL DATE: 1-5-23
Reservation ID: 194063822545
1. Attorney and Represented Party. Attorney (name): Michael J. Simkin, Simkin & Associates Inc.
is presently counsel of record for (name of party): Christopher Alarcon
in the above-captioned action or proceeding.
2. Reasons for Motion. Attorney makes this motion to be relieved as counsel under Code of Civil Procedure section 284(2) instead of
filing a consent under section 284(1) for the following reasons (describe):
I SEEK TO WITHDRAW BASED UPON MY WRITTEN RETAINER AGREEMENT WHICH HAS BEEN BREACHED BY THE CLIENT
AS WELL AS THE FOLLOWING REASONS WHICH ARE ALSO SUPPORTED BY LEGAL AUTHORITY. WITHDRAWAL IS
PERMITTED WHERE "BY OTHER CONDUCT" THE CLIENT MAKES IT "UNREASONABLY DIFFICULT FOR THE ATTORNEY TO
CARRY OUT THE EMPLOYMENT EFFECTIVELY."[CA PROFESSIONAL CONDUCT RULE 3-700(C)(1)(D)]
A WITHDRAWAL MOTION MAY PROPERLY BE BASED SIMPLY ON A PERSONALITY CLASH WITH THE CLIENT. THE
BREAKDOWN IN THE ATTORNEY-CLIENT RELATIONSHIP IS GROUND FOR ALLOWING THE ATTORNEY TO WITHDRAW.
(ESTATE OF FALCO V. DECKER (1987) 188 CAL.APP.3D 1004, 1014)
AN ATTORNEY IS PERMITTED TO WITHDRAW IF THE CLIENT BREACHES AN AGREEMENT OR OBLIGATION RELATING TO
THE ATTORNEY'S EXPENSES OR FEES. [CA PROFESSIONAL CONDUCT RULE 3-700(C)(1)(F)]
EVEN MINOR BREACHES: BY ITS TERMS, CA PROFESSIONAL CONDUCT RULE 3-700 APPLIES TO ANY BREACH OF THE
AGREEMENT, EVEN IF MINOR.
‰ Continued on Attachment 2.
3. Service
a. Attorney has
(1) ‰ personally served the client with copies of the motion papers filed with this declaration. A copy of the proof of service
will be filed with the court at least 5 days before the hearing.
(2) ‰ X served the client by mail at the client's last known address with copies of the motion papers served with this declaration.
b. If the client has been served by mail at the client's last known address, attorney has
(1) ‰ X confirmed within the past 30 days that the address is current
(a) ‰ by mail, return receipt requested.
(b) ‰ X by telephone.
(c) ‰ by conversation.
(d) ‰ X by other means (specify):
e-mail
(Continued on reverse) Page 1 of 2
Form Adopted for Mandatory Use
Judicial Council of California
DECLARATION IN SUPPORT OF ATTORNEY'S Code of Civil Procedure, § 284;
Cal. Rules of Court, rule 3.1362
MC-052 [Rev. January 1, 2007] MOTION TO BE RELIEVED AS COUNSEL-CIVIL www.courtinfo.ca.gov
Document Filed Date
February 10, 2023
Case Filing Date
August 12, 2021
Category
Other Real Property (not eminent domain, landlord/tenant, foreclosure) (General Jurisdiction)
Status
Court Finding - After Court Trial 02/24/2023
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Electronically FILED by Superior Court of California, County of Los Angeles on 02/10/2023 12:12 PM David W. Slayton, Executive Officer/Clerk of Court, by V. Sino-Cruz,Deputy Clerk MC-052 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY MICHAEL J. SIMKIN 143260 SIMKIN & ASSOCIATES, INC. 1925 CENTURY PARK EAST, SUITE 800 LOS ANGELES, CA 90067 TELEPHONE NO.: (310) 788-9089 FAX NO.: (310) 282-7590 ATTORNEY FOR (Name) : Defendants Epyon LLC and Christopher Alarcon NAME OF COURT: Los Angeles Superior Court STREET ADDRESS: 111 N. Hill Street MAILING ADDRESS: 111 N. Hill Street CITY AND ZIP CODE: Los Angeles, CA 90012 BRANCH NAME: Central District CASE NAME: CASE NUMBER: Alarcon v. Epyon LLC 21STCV29839 HEARING DATE: 3-16-23 DECLARATION IN SUPPORT OF ATTORNEY'S DEPT.: 52 TIME: 9:00 AM BEFORE HON.: Tamzarian MOTION TO BE RELIEVED AS COUNSEL-CIVIL DATE ACTION FILED: 8-12-21 TRIAL DATE: 1-5-23 Reservation ID: 194063822545 1. Attorney and Represented Party. Attorney (name): Michael J. Simkin, Simkin & Associates Inc. is presently counsel of record for (name of party): Christopher Alarcon in the above-captioned action or proceeding. 2. Reasons for Motion. Attorney makes this motion to be relieved as counsel under Code of Civil Procedure section 284(2) instead of filing a consent under section 284(1) for the following reasons (describe): I SEEK TO WITHDRAW BASED UPON MY WRITTEN RETAINER AGREEMENT WHICH HAS BEEN BREACHED BY THE CLIENT AS WELL AS THE FOLLOWING REASONS WHICH ARE ALSO SUPPORTED BY LEGAL AUTHORITY. WITHDRAWAL IS PERMITTED WHERE "BY OTHER CONDUCT" THE CLIENT MAKES IT "UNREASONABLY DIFFICULT FOR THE ATTORNEY TO CARRY OUT THE EMPLOYMENT EFFECTIVELY."[CA PROFESSIONAL CONDUCT RULE 3-700(C)(1)(D)] A WITHDRAWAL MOTION MAY PROPERLY BE BASED SIMPLY ON A PERSONALITY CLASH WITH THE CLIENT. THE BREAKDOWN IN THE ATTORNEY-CLIENT RELATIONSHIP IS GROUND FOR ALLOWING THE ATTORNEY TO WITHDRAW. (ESTATE OF FALCO V. DECKER (1987) 188 CAL.APP.3D 1004, 1014) AN ATTORNEY IS PERMITTED TO WITHDRAW IF THE CLIENT BREACHES AN AGREEMENT OR OBLIGATION RELATING TO THE ATTORNEY'S EXPENSES OR FEES. [CA PROFESSIONAL CONDUCT RULE 3-700(C)(1)(F)] EVEN MINOR BREACHES: BY ITS TERMS, CA PROFESSIONAL CONDUCT RULE 3-700 APPLIES TO ANY BREACH OF THE AGREEMENT, EVEN IF MINOR. ‰ Continued on Attachment 2. 3. Service a. Attorney has (1) ‰ personally served the client with copies of the motion papers filed with this declaration. A copy of the proof of service will be filed with the court at least 5 days before the hearing. (2) ‰ X served the client by mail at the client's last known address with copies of the motion papers served with this declaration. b. If the client has been served by mail at the client's last known address, attorney has (1) ‰ X confirmed within the past 30 days that the address is current (a) ‰ by mail, return receipt requested. (b) ‰ X by telephone. (c) ‰ by conversation. (d) ‰ X by other means (specify): e-mail (Continued on reverse) Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California DECLARATION IN SUPPORT OF ATTORNEY'S Code of Civil Procedure, § 284; Cal. Rules of Court, rule 3.1362 MC-052 [Rev. January 1, 2007] MOTION TO BE RELIEVED AS COUNSEL-CIVIL www.courtinfo.ca.gov