Judge: Cherol J. Nellon, Case: 23STV17716, Date: 2024-11-07 Tentative Ruling

Case Number: 23STV17716    Hearing Date: November 7, 2024    Dept: 14

#10

Case Background

This is an action for breach of contract, common count, intentional misrepresentation, negligent misrepresentation, and conversion. Plaintiff is a product design studio and alleges that Defendants failed to pay for design services.

On July 27, 2023, Plaintiff Agency Enterprise, LLC filed its Complaint against Defendant True Perspective Global, LLC.

On February 5, 2024, Plaintiff filed a First Amended Complaint (FAC). The FAC added Defendants Michelle Huntington, Carl Maybin, and Milton Bledsoe.

On September 30, 2024, Gregory Smith, counsel for Defendants, filed this motion to be relieved as counsel.

Instant Pleading

Counsel Gregory Smith moves to be relieved as counsel for Defendants Michelle Huntington, True Perspective Global, Carl Maybin, and Milton Bledsoe.

Decision

The motion to be relieved as counsel filed by Counsel Gregory Smith is GRANTED. The order granting the motion is 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 Plaintiffs at their last known addresses which he confirmed were current via a Westlaw Edge PeopleMap Report, at least 30 days before the hearing on this matter. Counsel relied on public filings to determine that the address for True Perspective Global was current. Counsel also served each Defendant via email at addresses which they previously used to communicate with Counsel. Counsel represents there has been a breakdown of the attorney-client relationship due to Defendants’ breach of the engagement agreement.

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.

Conclusion

The motion to be relieved as counsel filed by Counsel Gregory Smith is GRANTED. The order granting the motion is effective upon the filing of the proof of service of the signed order upon the client.