Case Number: KC068301 Hearing Date: July 21, 2017 Dept: J

Re: Chongquin Senci Import & Export Trade Co., Ltd. v. Amico Power Corporation, etc., et al. (KC068301)

MOTIONS TO BE RELIEVED AS COUNSEL (X2)

Moving Party: Steve Qi, Law Offices of Steve Qi & Associates, counsel for Defendants Amico Power Corporation and Xingjun Miao aka Michael Miao

Respondents: No timely opposition filed (due 7/10/17)

POS: Moving OK

Plaintiff alleges that defendants failed to pay for the wholesale electric generators plaintiff sold to them. The complaint, filed 3/17/16, asserts causes of action therein against Amico Power Corporation (“APC”), Xingjun Miao aka Michael Miao (“Miao”) and DOES 1-20 for:

1. Breach of Written Contract

2. Common Count—Money Had and Received

3. Common Count—Goods Sold and Delivered

4. Common Count—Open Book Account

5. Common Count—Account Stated

6. False Promise

7. Unjust Enrichment

8. Breach of Implied Covenant of Good Faith and Fair Dealing

On 5/11/16, APC and Miao filed their cross-complaint, asserting causes of action therein against plaintiff and ROES 1-20 for:

1. Breach of Contract

2. Breach of Express Warranty

3. Breach of Implied Warranties of Merchantability

4. Breach of Implied Covenant of Good Faith and Fair Dealing

A bench trial is set for 10/30/17.

Steve Qi and Thomas Z. Zhou (“Zhou”) of the Law Offices of Steve Qi & Associates seek to be relieved as counsel of record for Defendants Amico Power Corporation (“APC”) and Xingjun Miao aka Michael Miao.

“A notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) must be directed to the client and must be made on the Notice of Motion and Motion to Be Relieved as Counsel–Civil (form MC-051).” Rules of Court Rule 3.1362(a). “Notwithstanding any other rule of court, no memorandum is required to be filed or served with a motion to be relieved as counsel.” Rules of Court Rule 3.1362(b). “The motion to be relieved as counsel must be accompanied by a declaration on the Declaration in Support of Attorney’s Motion to Be Relieved as Counsel–Civil (form MC-052). The declaration must state 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).” Rules of Court Rule 3.1362(c).

“The notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case. The notice may be by personal service or mail. If the notice is served on the client by mail under Code of Civil Procedure section 1013, it must be accompanied by a declaration stating facts showing that either: (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 before the filing of the motion to be relieved. 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 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.” Rules of Court Rule 3.1362(d).

“The proposed order relieving counsel must be prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel–Civil (form MC-053) and must be lodged with the court with the moving papers. The order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. If no hearing date is presently scheduled, the court may set one and specify the date in the order. After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case. The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court.” Rules of Court Rule 3.1362(e).

Zhou represents as follows: “The client-attorney relation has been terminated by the client and the attorney was instructed to transfer the case files to a new attorney. However, the new attorney refuses to file the substitution of attorney or return the files.”

Zhou represents that he has served APC by mail at APC’s last known address with copies of the motion papers served with this declaration and that he has confirmed, within the past 30 days, that the address is current, via conversation.

Zhou has complied with the requirements of Rules of Court Rule 3.1362 enumerated above. This motion is granted, effective upon the filing of proofs of service showing service of the signed orders upon APC.