Judge: Cherol J. Nellon, Case: 23STCV07315, Date: 2024-08-01 Tentative Ruling

Case Number: 23STCV07315    Hearing Date: August 1, 2024    Dept: 14

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Case Background

This is an action for breach of contract, breach of personal guaranty, unfair business practices, and declaratory relief arising from Defendants’ failure to repay a loan which was used to purchase automobiles.

On April 3, 2023, Plaintiff Westlake Flooring filed its Complaint against LJT Holdings, LLC (LJT), John Anthony Thompson, and the California Department of Motor Vehicles.

On May 15, 2024, Counsel Swenson and Hill filed this motion to be relieved as counsel for Defendants LJT and Thompson.

Instant Pleading

Counsel Swenson and Hill seek to be relieved as counsel for Defendants LJT and Thompson.

Decision

The motion is GRANTED, effective upon the filing of the proof of service of the signed order upon the client.

Legal Standard

California Rules of Court Rule 3.1362 requires that counsel fill out forms MC-051, MC-052, and MC-053. These forms serve two basic functions: (1) ensuring that notice is given to the client and (2) providing the court with an adequate explanation of why the matter is being handled via motion rather than mutual consent. See Code of Civil Procedure § 284; California Rules of Court Rule 3.1362.

Discussion

Counsel completed the required forms. Those forms indicate that Counsel served LJT and Thompson at their last known addresses which Counsel confirmed via mail, return receipt requested, at least 30 days before the hearing on this matter.

Counsel represents that there was an irreparable breakdown of the attorney-client relationship such that withdrawal is permitted pursuant to California Rules of Professional Conduct Rule 3-700. Counsel offers to provide more detail during in camera hearing outside the presence of other parties.

Counsel complied with the requirements of Rule 3.1362, and relief is appropriate under the circumstances of this case. The motion is GRANTED, effective upon the filing of the proof of service of the signed order upon the client.