Judge: Christopher K. Lui, Case: 21STCV26179, Date: 2023-10-05 Tentative Ruling

Case Number: 21STCV26179    Hearing Date: October 5, 2023    Dept: 76

Pursuant to California Rule of Court 3.1308(a)(1), the Court does not desire oral argument on the motion addressed herein.  Counsel must contact the staff in Department 76 to inform the Court whether they wish to submit on the tentative, or to argue the matter.  As required by Rule 3.1308(a), any party seeking oral argument must notify ALL OTHER PARTIES and the staff of Department 76 of their intent to appear and argue.

Notice to Department 76 may be sent by email to smcdept76@lacourt.org or telephonically at 213-830-0776.

Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling.

            Plaintiff’s assignor performed works of improvement on Defendants’ property, for which Defendants owe $28,411.00.

Attorney David L. Ingram moves to be relived as counsel for Defendants Shin Wong King and Kil Cha Kang, individually and as a Trustee of the Shin Won Kang and Kil Cha Kang Revocable Living trust 2013

TENTATIVE RULING           

The hearing on Attorney David L. Ingram’s motions to be relieved as counsel for Defendants is CONTINUED to November 3, 2023. Moving counsel must file and serve the proposed order on mandatory Judicial Council form MC-053. Also, moving counsel must provide proof of service on Defendant Kil Cha Kang regarding the notice of motion, as well as proof of service regarding the notice of continuance.

ANALYSIS

Motion To Be Relieved As Counsel

Discussion

Attorney David L. Ingram moves to be relived as counsel for Defendants Shin Wong King and Kil Cha Kang, individually and as a Trustee of the Shin Won Kang and Kil Cha Kange Revocable Living trust 2013

California Rules of Court, Rule 3.1362 requires that the following Mandatory Judicial Council forms be filed for a motion to be relieved as counsel: Notice of Motion and Motion to Be Relieved as Counsel--Civil (form MC-051); Motion to Be Relieved as Counsel--Civil (form MC-052); and Order Granting Attorney's Motion to Be Relieved as Counsel--Civil (form MC-053). (See Calif. Rules of Court, Rule 3.1362(a), (c), (e).)  These three forms must be served on must be served on the client and on all other parties who have appeared in the case. (Calif. Rules of Court, Rule 3.1362(d).)

The Court may issue an order allowing an attorney to withdraw from representation, after notice to the client. (Code Civ. Proc., § 284(2).)  n attorney may withdraw with or without cause as long as the withdrawal would not result in undue prejudice to the client's interest - i.e., counsel cannot withdraw at a critical point in the litigation because that would prejudice client, but can withdraw otherwise.  (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) The court has discretion to deny an attorney’s request to withdraw where such withdraw would work an injustice or cause undue delay in the proceeding; but the court’s discretion in this area is one to be exercised reasonably. (Mandell v. Superior Court (1977) 67 Cal.App.3d 1, 4.) 

All mandatory Judicial Council forms have been submitted and filled out.

The clients have stopped communicating with counsel. (Declarations, ¶ 2.) 

Trial is currently set for July 1, 2014, which gives the clients time to locate new counsel, which the trust Defendant must do, as it cannot represent itself in pro per. 

Here, permitting withdrawal of counsel is appropriate if counsel cannot even communicate with the client. 

However, moving counsel did not file and serve the proposed order on mandatory Judicial Council form MC-053.

The hearing on the motions to be relieved as counsel is CONTINUED to November 3, 2023. Moving counsel must file and serve the proposed order on mandatory Judicial Council form MC-053. Also, moving counsel must provide proof of service on Defendant Kil Cha Kang regarding the notice of motion, as well as proof of service regarding the notice of continuance.