Motion to be Relieved as Counsel (Judge Dan Thomas Oki)

Re: Industry Speedway, LLC v. Industry Hills Expo Center, et al. (KC067366)

MOTION TO BE RELIEVED? AS COUNSEL

Moving Party: Francisco A. Suarez, Attorney for Plaintiff

Respondent: No timely opposition filed

POS: Moving papers provide insufficient notice (see below)

In this breach of contract action, plaintiff alleges that defendants breached a licensing agreement between the parties by not allowing plaintiff to exercise an option for the additional three racing seasons and terminating the agreement. Plaintiff commenced this action on 12/31/14. On 2/5/16, the court sustained Defendant City of Industry?s demurrer to plaintiff?s first and second causes of action in its First Amended Complaint, without leave to amend. On 6/14/16, plaintiff filed an Amendment to Complaint, wherein Civic-Recreational-Industrial Authority (?CRIA?) was named in lieu of Doe 1. The Third Amended Complaint (?TAC?), filed on 7/26/16, asserts causes of action for:

1.????? Breach of Contract

2.????? Breach of the Implied Covenant of Good Faith and Fair Dealing

3.????? Fraud (Concealment)

On 9/22/16, Defendant Industry Hills Expo Center was defaulted. On 10/26/16, CRIA?s demurrer to TAC was sustained without leave to amend. On 1/23/17, CNC Equestrian Management Services, Inc.?s and Carol Perez?s demurrer to TAC was sustained without leave to amend.

An Order to Show Cause re failure to file default judgment as to Industry Hills Expo Center is set for 7/20/17.

Attorney Francisco A. Suarez of The Law Offices of Francisco A. Suarez now seeks to be relieved as counsel of record for Plaintiff Industry Speedway, LLC.

The motion is summarily denied without prejudice for insufficient CCP ? 1005(b) notice (i.e., ?all moving and supporting papers shall be served and filed at least 16 court days before the hearing?However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California??).

The motion was filed and mail-served on 7/5/17, for a 7/20/17 hearing. It was required to be served by mail and filed on or before 6/22/17. Absent a waiver of statutory notice by the plaintiff, the motion is denied without prejudice.