Judge: Alison Mackenzie, Case: 22STCV33867, Date: 2023-11-14 Tentative Ruling

Case Number: 22STCV33867    Hearing Date: November 14, 2023    Dept: 55

NATURE OF PROCEEDINGS:  Motion To Be Relieved As Counsel.  Motion To Be Relieved As Counsel. 

Both motions are granted. The Court will sign and file the proposed, form orders lodged with the subject motions. Counsel should have defendants' last known mailing address available at the hearing so the Court can include that information in the orders. 

On 10/19/22, Plaintiff filed a Complaint for fraud and breach of contract, alleging that defendants fraudulently induced Plaintiff to make a loan on a real property investment and they failed to pay back a loan secured by a Gulfstream corporate jet.

Counsel moves to be relieved as attorney of record, based upon a form declaration evidencing that there have been breakdowns in the attorney-client relationships with defendants such that zealous representation is no longer possible.  No opposing papers have been filed in order to evidence any prejudice to the client.  See  Rules Prof. Conduct, Rule 1.16(d). 

“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.  See also  Jones v. Green (1946) 74 Cal. App. 2d 223, 230

Procedurally, the form notices, declarations, proposed orders, and proofs of service are sufficiently in compliance.  See  CRC Rule 3.1362. 

Also, moving counsel’s declaration shows a cognizable ground for withdrawal: Breakdown in the attorney-client relationship.  Estate of Falco v. Decker (1987) 188 Cal.App.3d 1004, 1014.

Therefore, the Court grants both motions.