Judge: Alison Mackenzie, Case: 22STCV02938, Date: 2024-07-15 Tentative Ruling

Case Number: 22STCV02938    Hearing Date: July 15, 2024    Dept: 55

22STCV02938

Motion to be Relieved as Attorney of Record

This is a breach of contract case between Plaintiff Brenton Development Corporation and Defendant KTGY Group, Inc. Counsel for Brenton has filed a motion to be relieved as counsel.

“The determination whether to grant or deny an attorney’s motion to withdraw as counsel of record lies within the sound discretion of the trial court, having in mind whether such withdrawal might work an injustice in the handling of the case.” Lempert v. Sup. Ct. (2003) 112 Cal.App.4th 1161, 1173.

Here, the form notice, declaration, proposed order, and proof of service sufficiently comply with the requirements for a motion to be relieved as counsel. See Cal. Rules of Court, rule 3.1362.

Further, moving counsel’s declaration shows a cognizable ground for withdrawal: Client breaches an agreement or obligation to the member as to expenses or fees. Rules Prof. Conduct, rule 1.16; Lempert v. Sup. Ct. (2003) 112 Cal.App.4th 1161, 1173.

Finally, no opposing document has been filed showing any prejudice to the client. See Rules Prof. Conduct, rule 1.16(d).

Therefore, the motion is granted, and the Court will sign the proposed order submitted by counsel.