21CV03573
21CV03573
Case Number
Davod Mokros vs Nancy Coglizer; Craig Case; Case Detective Agency
Case Type
Hearing Date / Time
Wed, 12/06/2023 - 10:00
Nature of Proceedings
Counsel for Plaintiff: Motion to Withdraw as Attorney; CMC
Tentative Ruling
Jordan D. Hankey for Plaintiff
John Eck for Defendant & Cross-Complainant, Nancy Coglizer
Joshua Lynn for Defendants & Cross-Defendants Craig Case and Case Detective Agency
Issues
Josh Lynn; counsel for Plaintiff; Motion to Withdraw as Attorney
Rulings
- Motion to Withdraw: The proposed order attorney Mr. Lynn submitted cannot be signed as is and must be resubmitted for signature after correction by the attorneys. They provide that the attorney is relieved as counsel of record effective 9/12/23—which is simply improper. The Court does not grant these motions retroactively. It should be resubmitted, with No. 5.a. checked (which provides that “[a]ttorney is relieved as counsel of record for client effective upon the filing of the proof of service of this signed order upon the client.”
- CMC: The CMC is continued to 6/5/24 at 8:30 am
Analysis
The Court’s Conclusions: re Motion to Withdraw
There are two motions to withdraw as attorney in 21CV03573; Josh Lynn seeks to be relieved as counsel for defendants Craig Case and Case Detective Agency, contending that “[t]he relationship of trust and confidence essential to the attorney-client relationship has ceased to exist and irreconcilable differences have arisen between client and attorney making it unreasonably difficult to carry out the employment effectively and communication is limited due to client being in the State of California’s custody.”
The proposed order attorney Mr. Lynn submitted cannot be signed “as is” and must be resubmitted for signature after correction by the attorneys. They provide that the attorney is relieved as counsel of record effective 9/12/23—which is simply improper. The Court does not grant these motions retroactively. It should be resubmitted, with No. 5.a. checked (which provides that “[a]ttorney is relieved as counsel of record for client effective upon the filing of the proof of service of this signed order upon the client.”
Case Management Conference
A CMC is set along with these motions—no trial date has yet been set.
Plaintiff’s CMCS filed 11/29: Plaintiff is the Trustee of the Constance McCormick Fearing Living Trust. At all relevant times, Mrs. Fearing has been over the age of 65. Plaintiff discovered the misappropriation of trust funds in the amount of $687,500. The total dollar amount of misappropriated funds will likely increase as discovery in conducted and the investigation continues. Plaintiff will also seek interest, attorneys’ fees and costs, as well as punitive damages. Estimates a 10 day jury trial. This Court's October 27, 2022, Order to Stay the case pending the Criminal Investigation and/or Proceedings is still in effect. Criminal Complaints have been filed against both Defendants. All criminal charges filed against both Defendants survived Preliminary Hearing. Defendant Coglizer's arraignment on the information and Petition for Mental Health Division will be heard on December 13, 2023. Defendant Case's arraignment on information will occur on January 16, 2023.
Defendant Craig Case’s CMCS filed 11/17/23: The Court's 10/27/2022. Order to Stay the case pending a Criminal lnvestigation and Proceedings is still in effect.
Defendant Nancy Coglizer’s CMCS filed 11/22/23: Pending criminal charges and this Court's 10127/2022 Order Staying Case Pending Criminal Investigation and/or Proceedings will prevent this matter from being ready for trial within 12 months of the filing of the complaint.
The Court’s Conclusions: re CMC
The CMC should be continued.