Judge: Daniel M. Crowley, Case: 20STCV39376, Date: 2023-09-05 Tentative Ruling

Case Number: 20STCV39376    Hearing Date: September 5, 2023    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Plaintiff YPY Investment, LLC’s Counsel, Law Offices of S. Calvin Myung’s, Motion to Be Relieved as Counsel is granted.

On October 13, 2020, Plaintiff Yon Park, LLC (“Yon Park LLC”) (“Plaintiff”) filed this action against Defendants Evelyn Youngeun Cho (“Cho”) and Heemin Her (“Her”) (collectively, “Defendants”). On April 27, 2021, Defendants filed a cross-complaint (“Cross-Complaint”) against Yon Park LLC alleging three causes of action: (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, and (3) wrongful constructive eviction.  On April 27, 2021, Defendants answered Plaintiff’s Complaint. On May 25, 2021, Plaintiff answered Defendants’ Cross-Complaint.

On March 17, 2023, this Court granted parties’ stipulation that Yon Park LLC is not the real party of interest in this action, the real party of interest is YPY Investment, LLC, and under C.C.P. §§367 and 473(a)(1), good cause exists to grant leave to file an amended complaint changing the name of Plaintiff from Yon Park LLC to YPY Investment, LLC, and that YPY Investments, LLC would be named ROE 1 on the Cross-Complaint.  (3/17/23 Stipulation.)  On March 17, 2023, Plaintiff YPY Investment, LLC (“YPY”) (“Plaintiff”) filed its amended complaint (“Amended Complaint”) against Defendants for breach of contract and breach of implied-in-law covenant of good faith and fair dealing.

On July 24, 2023, YPY’s Counsel, Law Offices of S. Calvin Myung, filed the instant Motion to be Relieved as Counsel.

Trial is not set.

Legal Standard

California Rule of Court rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating 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) (made on the Declaration in Support of Attorney’s Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil form (MC-053)).

The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client, and it does not disrupt the orderly process of justice.  (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)

Discussion

Counsel has submitted completed MC-051, MC-052 and MC-053 forms. Counsel has provided a declaration stating there has been a breakdown in the attorney-client relationship as a result of Ms. Park’s death.  Counsel has indicated that the Estate of Yon Park, c/o YPY was served with copies of the motion papers filed with the declaration at YPY’s last known address and confirmed in the last 30 days of filing the motion that the address is current by telephone.

Conclusion

YPY’s Counsel’s Motion to Be Relieved as Counsel is granted.

Counsel will be relieved upon filing proof of service on their client of the Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil (Judicial Council form MC-053).

Moving Party to give notice.

Dated:  September _____, 2023