Judge: Alison Mackenzie, Case: 23STCV16431, Date: 2024-02-13 Tentative Ruling

Case Number: 23STCV16431    Hearing Date: February 13, 2024    Dept: 55

NATURE OF PROCEEDINGS:  Motion of Collins + Collins LLP to Be Relieved as Counsel-Civil.

On 1/9/2024, counsel for Defendant Shangri-La Construction, L.P. (“Defendant Shangri-La”) filed a motion to be relieved as counsel, which is set for hearing on 2/13/2024. On 1/25/2024, counsel for Plaintiff McDuff/Daniels, Inc., Defendant Shangri-La, Defendant Atlantic Specialty Insurance Company, and Defendant American Contractors Indemnity Company informed the Court that the case had settled and so the Court set an OSC re dismissal and continued CMC for 3/28/2024.

At the 1/25/2024 hearing, counsel for Defendant Shangri-La stated that the issues related to the motion to be relieved as counsel may get resolved before the hearing on the motion due to the fact that the parties had settled the case and are working on finalizing that settlement. But as of the date of this tentative, no request for dismissal has been filed, nor has the Court received any request by Defendant Shangri-La to take the motion off-calendar. The Court therefore issues this tentative ruling.

The form notice, declaration, and proof of service comply with the requirements for a motion to be relieved as counsel. See CRC Rule 3.1362. Moving counsel’s declaration provides cognizable grounds for withdrawal:

• Client breaches an agreement or obligation to the member as to expenses or fees. Rules Prof. Conduct, Rule 1.16(b)(5); Lempert v. Sup. Ct. (2003) 112 Cal. App. 4th 1161, 1173.
• The member knows or should know that continued employment will result in violation of these rules or of the State Bar Act.  Rules Prof. Conduct, Rule 1.16.

No opposing papers have 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.