Department 58

Hearing Date: August 1, 2022

Case Name: Michael Hakim v. Sang Ik Yu, et al.

Case No.: 20STCV05878

Matter: Motion to Be Relieved as Counsel

Moving Party: Plaintiff’s Counsel

Responding Party: No response

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

Background and procedural history

On May 11, 2020, Plaintiff Michael Hakim filed the First Amended Complaint for specific performance, breach of contract, breach of the implied covenant of good faith and fair dealing, fraud, breach of fiduciary duty, and negligent misrepresentation. Plaintiff alleges that Defendants Sang Ik Yu and Young Sook Yu, individually and as trustees of The Sang Ik Yu and Young Sook Yu Living Trust UTD August 1, 2007 (collectively, “Sellers”) breached an agreement for the sale of real property by selling the property to a third-party. The Complaint also names Young Gil Yu as the broker for the transaction.

On October 13, 2020, the Court ordered Plaintiff and the Sellers to arbitration, but denied it as to Defendant Gil, who was not a signatory to the arbitration agreement.

Plaintiff’s counsel, Fred A. Fenster, now moves to be relieved as counsel, stating that the attorney-client relationship has broken down. The Court grants the motion.

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 form and content of such motion are governed by California Rule of Court 3.1362. 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 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. Fenster 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 Mr. Fenster’s client via mail, return receipt requested. The address is where Michael Hakim has been receiving correspondence from Mr. Fenster over the last two years.

The next hearing is for a Status Conference on September 21, 2022. This date can likely be continued if needed for Plaintiff to find a new attorney. Thus, there is a low degree of prejudice to Plaintiff in allowing Counsel to withdraw.

Accordingly, the motion to be relieved as counsel is granted.