Judge: Bruce G. Iwasaki, Case: 19STCV38540, Date: 2022-10-12 Tentative Ruling

Case Number: 19STCV38540    Hearing Date: October 12, 2022    Dept: 58

Judge Bruce G. Iwasaki

Department 58

Hearing Date:             October 12, 2022

Case Name:                 Ana Romero v. Martini Associates Development LLC

Case No.:                    19STCV38540

Matter:                        Motion to Be Relieved as Counsel

Moving Party:             Joon Song, counsel for Defendant Martini Associates Development LLC

Responding Party:      Unopposed

Tentative Ruling:      The Motion to be Relieved as Counsel is granted.

Background and procedural history

            Plaintiff Ana Romero sued Defendant Martini Associates Development LLC, who is the owner of her employer, LA Adventurers All Suite Hotel.  The Complaint alleges numerous Labor Code violations including failure to pay overtime, minimum wage, and provide meal and rest periods.

            On July 11, 2022, the parties informed the Court that a settlement was reached.  An Order to Show Cause re: Dismissal for Settlement is currently scheduled for October 12. 

            Defendant’s counsel, Joon Song, now seeks to be relieved, citing irreconcilable differences and a breakdown in communications.

Discussion

            An attorney is entitled to withdraw upon the consent of the client, or without that consent if approved by the court. (Code Civ. Proc., § 284; Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)  In the latter case, counsel must make a motion to be relieved as attorney of record.  The motion must be made using mandatory forms: Notice of Motion and Motion to be Relieved as Counsel – Civil (MC-051), Declaration (MC-052), and Proposed Order (MC-053).  (Cal. Rules of Court, rule 3.1362(a), (b), (e).)

            The declaration accompanying the motion to be relieved as counsel must state “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).” (Cal. Rules of Court, rule 3.1362(b).)

            The notice to the client must be done by personal service, electronically, or mail. If it is done via mail under Code of Civil Procedure section 1013, it must be accompanied by a declaration confirming the service address to be the most current residence or that it is the client’s last known address, and the attorney has been unable to locate a more current address. (Cal. Rules of Court, rule 3.1362(d)(1)(A)-(B).)

            Here, Mr. Song has complied with the Rules of Court by filing the appropriate forms and provides a supporting declaration stating why he is moving to be relieved as counsel.  Notice was provided to Frank Martini and Sonjia Mata via mail.  Mr. Song confirmed the address with his clients through conversation. 

            The next hearing is for an OSC re: Dismissal for Settlement on October 12, 2022.  The Court is inclined to grant the motion, but the parties should be prepared to discuss how this may affect the settlement discussions.  

            The Court will set an OSC re striking the answer and entering default against Defendant Martini Associates Development LLC for failure to have counsel.