Judge: Christian R. Gullon, Case: 21PSCV00187, Date: 2024-04-15 Tentative Ruling

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Case Number: 21PSCV00187    Hearing Date: April 15, 2024    Dept: O

Tentative Ruling

Plaintiff’s Counsel Andrew Twietmeye’s Motion to be Relieved as Counsel is TBD/likely GRANTED, effective upon [see below].

Background

This is a defamation case. Plaintiff Honghua Shang (“Plaintiff”) alleges as follows: Plaintiff is a licensed real estate broker. Plaintiff incorporated Echain in 2012 and Great Wall Realty, Inc. in 2017 and has operated both since the aforesaid dates. Defendants Jing Jin (“Jin”), Benjamin Lee (“Lee”), Melvin Gong (“Gong”), Alistair Mercado (“Mercado”), Wendy L. and Mandy Lau (“Lau”) posted negative reviews/comments regarding Plaintiff, Echain and Great Wall on Yelp, www.CCYP.com (i.e., a popular platform for business promotion serving the Chinese business community and consumers), www.xiaohonshu.com (i.e., “another popular website that caters to Chinese speaking people and the Chinese business community”), Google Review and/or Facebook.

On March 5, 2021, Plaintiff filed a complaint, asserting a cause of action against Jin, Lee, Gong, Mercado, Wendy L., Lau and Does 1-25 for:

1.    Defamation Per Se

On June 22, 2021, Gong filed his answer.

On August 3, 2021, Mercado filed his answer.

On March 16, 2023, Plaintiff filed a substitution of attorney indicating that she was replacing former counsel Jennifer Felten and representing herself pro per.

On December 6, 2023, Plaintiff filed a substitution of attorney indicating that counsel Twietmeyer has been retained.

On December 18, 2023, Jing Jin and Lee filed their answer.

On March 8, 2024, Plaintiff’s Counsel Andrew W. Twietmeyer filed the instant motion.

On April 8, 2024, Defendant Melvin Gong filed a ‘Response To Plaintiff’s Counsel’s Motion To Be Relieved As Counsel.’

Discussion

 Plaintiff’s Counsel seeks to be relieved as counsel as his client has become “unreasonably difficult” and has become “unusually unresponsive.” (Motion p. 6 of 13 of PDF.) As all three required forms have been filed (MC-051, 052, and 053) forms have been submitted, as all parties have been properly notified, and as there are no immediate substantive motions on calendar, the court would ordinarily grant such a motion.

However, Defendant Gong’s seeming opposition raises valid concerns. According to Gong, there is outstanding discovery in the case. During the nine months in which Plaintiff was pro per, Plaintiff failed to discovery. In fact, the court almost dismissed this action in October 2023 given Plaintiff’s inaction. (Gong Response. p. 1:26-27.) Even with retention of current counsel, Plaintiff, despite assurances by Counsel Twietmyer, has still failed to provide the documents promised to be produced after the January 2023 deposition.

That said, Mr. Twietmeyer satisfying his discovery obligations appears to be difficult or seemingly impossible as he is no longer in communications with his client, suggesting that it is Plaintiff who refuses to turn over said documents. Thus, as Counsel Twietmyer remaining on the case will not provide appropriate relief, other measures may have to be considered in this case such as terminating sanctions.[1]

Conclusion

Based on the foregoing, Counsel’s Motion to Be Relieved as Counsel is GRANTED, effective upon serving this court’s order relieving Counsel sent to Plaintiff, Defendants, and all other parties who have appeared in the case.