Judge: Daniel M. Crowley, Case: 21STCV18722, Date: 2023-10-18 Tentative Ruling

All parties are urged to meet and confer with all parties
concerning this tentative ruling to see if they can reach an agreed-upon
resolution of their matter.  If you are able to reach an
agreement, please notify the courtroom staff in advance of the hearing if
you wish to submit on the tentative ruling rather than argue the motion by
notifying the court by e-mailing the court at: SMCDept71@LACourt.org.  Include
the word "SUBMITS" in all caps and the Case Number in the Subject
line.  In the body of the email, please provide the date and time of the
hearing, your name, your contact information, the party you represent, and
whether that party is a plaintiff, defendant, cross-complainant,
cross-defendant, claimant, intervenor, or non-party, etc.



           
Please be advised that if you submit on the tentative and elect not to appear
at the hearing, the opposing party may still appear at the hearing and argue
the matter, and the court could change its tentative based upon the
argument.  Unless you receive a submission from all other parties
in the matter, you should assume that others might appear at the hearing to
argue.  If you submit, but still intend to appear, include the words
"SUBMITS, BUT WILL APPEAR" in the Subject line.    
If you elect to argue your matter, you are urged to do so remotely, via
Court-Connect.

If
the moving party fails to appear and/or submit to the Court’s tentative ruling,
the Court will take the  matter off calendar.

                       
  

            Note
that once the Court has issued a tentative, the Court has the inherent
authority not to allow the withdrawal of a motion and to adopt the tentative
ruling as the order of the court. 
 

 

            If you
submitted a courtesy copy of your papers containing media (such as a DVD or
thumb drive), unless you request the return of the media in your papers, the
court will destroy it following the hearing of your matter.  

Case Number: 21STCV18722    Hearing Date: January 26, 2024    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Cross-Complainant/Cross-Defendant WWC Corp. dba Keep Your Keys, Inc.’s Counsel, Michael Narvid’s, Motion to Be Relieved as Counsel is granted.

WWC Corp. dba Keep Your Keys, Inc. (“WWC”) filed its initial verified cross-complaint (“CC”) against Raymond Wang, Victor Wang, and SRS Infrastructure, LLC on June 1, 2021.  WWC lodged a first amended cross-complaint (“FAXC”) April 1, 2022, but it was not filed. WWC filed a Second Amended Cross-Complaint (“SAXC”) on April 25, 2022.  WWC filed its Third Amended Cross-Complaint (“TAXC”) on December 19, 2022.  WWC filed its operative Fourth Amended Cross-Complaint (“4AXC”) on September 8, 2023.

On January 2, 2024, WWC’s counsel, Narvid Scott LLP by Michael J. Narvid, filed the instant Motion to be Relieved as Counsel.

Trial is set for March 11, 2024.

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 a there is a breakdown of the attorney-client relationship.  (See Decl. of Narvid.)  Counsel has indicated that WWC was served with copies of the motion papers filed with the declaration at WWC’s last known address and has confirmed within the past 30 days that the address is current via the California Secretary of State records and the principal’s confirmed email and mailing address per his email signature block.

Conclusion

WWC’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:  January _____, 2024