Judge: Anne Richardson, Case: 20STCV09400, Date: 2023-02-28 Tentative Ruling
DEPARTMENT 40 - JUDGE ANNE RICHARDSON - LAW AND MOTION RULINGS
The Court issues tentative rulings on certain motions. The tentative ruling will not become the
final ruling until the hearing [see CRC 3.1308(a)(2)]. If the parties wish to
submit on the tentative ruling and avoid a court appearance, all counsel must
agree and choose which counsel will give notice. That counsel must 1) call
Dept 40 by 8:30 a.m. on the day of the hearing (213/633-0160) and state
that all parties will submit on the tentative ruling, and 2) serve notice of
the ruling on all parties. If any party declines to submit on the tentative
ruling, then no telephone call is necessary and all parties should appear at
the hearing in person or by Court Call.
Case Number: 20STCV09400 Hearing Date: February 28, 2023 Dept: 40
[TENTATIVE] RULING RE:
VICTOR
SAHN’S MOTION TO BE RELIEVED AS COUNSEL FOR RONALD STAUBER
DAVID
PARKER’S MOTION TO BE RELIEVED AS COUNSEL FOR ELIZABETH STAUBER
On October
10, 2019, Plaintiff/Cross-Defendant Jerome Behar, as Trustee on behalf of The
Behar Living Trust, brought this breach of contract and fraud action against
Defendants/Cross-Complainants Ronald Stauber, in his individual capacity and as
Trustee of the Estate of Amy Saret Trust, and Elizabeth Sauber, in her
individual capacity and as Executrix of the Estate of Amy Saret Trust. On
February 15, 2023, the Court entered judgment in favor of Behar.
Victor Sahn
now brings a motion to be relieved as counsel for Ronald Stauber. David Parker
also brings a motion to be relieved as counsel for Elizabeth Stauber.
After
review, the Court GRANTS Victor Sahn’s Motion based on Sahn’s declaration and Ronald
Stauber’s statement of non-opposition. The Court GRANTS David Parker’s Motion
based on Parker’s declaration.
On October
10, 2019, Plaintiff Jerome Behar, as Trustee on behalf of The Behar Living
Trust, brought this breach of contract and fraud action against Defendants
Ronald Stauber, in his individual capacity and as Trustee of the Estate of Amy
Saret Trust, and Elizabeth Sauber, in her individual capacity and as Executrix
of the Estate of Amy Saret Trust. On March 9, 2020, Ronald Stauber, in his
individual capacity and as Trustee of the Estate of Amy Saret Trust, and Elizabeth
Sauber, in her individual capacity, cross-complained against Jerome Behar, in
his individual capacity and as Trustee on behalf of The Behar Living Trust. On
February 15, 2023, the Court entered judgment in favor of Behar.
On
December 29, 2022, Victor Sahn (“Sahn”) filed a motion to be relieved as
counsel for Ronald Stauber. That same day, David Parker (“Parker”) filed a
motion to be relieved as counsel for Elizabeth Stauber. No opposition has been
filed to either motion.
The court may order that an attorney be changed or substituted at any
time before or after judgment or final determination upon request by either
client or attorney and after notice from one to the other. (Code of Civ. Proc.,
§ 284(b).) An attorney is permitted to withdraw where conflicts between the
attorney and client make it unreasonable to continue the representation. (See Cal. Rules of Prof. Conduct
3-700(C)(1).) “The determination whether to grant or deny a motion to withdraw
as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court
(1998) 66 Cal.App.4th 1128, 1133.) The
court should consider whether the attorney’s “withdrawal can be accomplished
without undue prejudice to the client’s interests.” (Ramirez v. Sturdivant (1994) 21
Cal.App.4th 904, 915.)
California Rule of Court rule 3.1362 requires: (1) notice of motion and
motion to be directed to the client (made on the Notice of Motion and Motion to
be Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating in
general terms and without compromising the confidentiality of the
attorney-client relationship why a motion under Code of Civil Procedure section
284(2) is brought instead of filing a consent under Code of Civil Procedure
section 284(1) (made on the Declaration in Support of Attorney's Motion to Be
Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion
and motion and declaration on all other parties who have appeared in the case;
and (4) the proposed order relieving counsel (prepared on the Order Granting
Attorney's Motion to Be Relieved as Counsel—Civil form (MC-053)).
Sahn’s
Motion
Sahn filed
Forms MC-051, MC-052, and MC-053 on December 29, 2022. All three forms attach
proof of service on his client, Ronald Stauber, and the other parties to this
action. The requirements of Rules of Court, rule 3.1362 have been met.
On Form
MC-052 (Declaration in Support), Sahn states that his client has refused
to pay Sahn’s law firm for its fees and costs through November of 2022. Sahn
also states there are additional reasons for withdrawal that are subject to
attorney-client privilege. The Court finds this to be valid reason without
inquiring into the privileged matters. Judgment has been entered and there are
no upcoming matters calendared for this case. Withdrawal can therefore be
accomplished without undue prejudice to Mr. Stauber.
Accordingly, Sahn’s Motion is granted.
Parker’s
Motion
Parker
filed Forms MC-051, MC-052, and MC-053 on December 29, 2022. All three forms
attach proof of service on his client, Elizabeth Stauber, and the other parties
to this action. The requirements of Rules of Court, rule 3.1362 have been met.
On Form
MC-052 (Declaration in Support), Parker states that his client has
refused to pay Parker’s law firm for its fees and costs. Parker also states
there are additional reasons for withdrawal that are subject to attorney-client
privilege. The Court finds this to be valid reason without inquiring into the
privileged matters. Judgment has been entered and there are no upcoming matters
calendared for this case. Withdrawal can therefore be accomplished without undue
prejudice to Ms. Stauber.
Accordingly, Parker’s Motion is granted.
Victor
Sahn’s motion to be relieved as counsel is GRANTED.
David
Parker’s motion to be relieved as counsel is GRANTED.