Judge: Daniel M. Crowley, Case: 21STCV22000, Date: 2023-10-12 Tentative Ruling

Case Number: 21STCV22000    Hearing Date: October 12, 2023    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Plaintiff KMI Group, Inc.’s Counsel, Joseph A. Maleki’s, Motion to Be Relieved as Counsel is granted.

On June 11, 2021, Plaintiff KMI Group, Inc. (“KMI Group”) (“Plaintiff”) filed this action against Defendants Postd Merchant Banque, Inc. (“Postd”), Richard Scott Dvorak (“Dvorak”), Donald Demery Diaz (“Diaz”), GEC Explorations, Inc. (“GEC”), Coleman Ferguson (“Ferguson”), and Sonia Kumar (“Kumar”) (collectively, “Defendants”). On July 16, 2021, Defendants filed their Answer.

On October 3, 2022, this Court held a remote bench trial on the matter.  On October 26, 2022, judgment was entered for Plaintiff against Defendants.  On July 21, 2023 Plaintiff’s Counsel, Joseph A. Maleki, filed the instant Motion to be Relieved as Counsel.

Trial has already been held and judgment has been entered.

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 Plaintiff did not voluntarily consent to counsel’s request to be relieved, notwithstanding the fact that a substitution of attorney was presented to Plaintiff and Plaintiff was requested to engage replacement legal counsel.  Counsel has indicated that Plaintiff was served with copies of the motion papers filed with the declaration at Plaintiff’s last known address and confirmed in the last 30 days of filing the motion that the address is current by conversation.

Conclusion

Plaintiff’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:  October _____, 2023