Judge: Daniel M. Crowley, Case: 23STCV16891, Date: 2024-08-29 Tentative Ruling

Case Number: 23STCV16891    Hearing Date: August 29, 2024    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Defendant Hightimes Holding Corp.’s counsel, Kapin PLLC’s, Motion to Be Relieved as Counsel is granted.

Defendant Trans-High Corporation’s counsel, Kapin PLLC’s, Motion to Be Relieved as Counsel is granted.

On July 19, 2023, Plaintiffs Chris Haas, Carla Baumgartner, and Eric Steele (collectively, “Plaintiffs”) filed their operative Complaint against Defendants Hightimes Holding Corp. (“Hightimes”), Trans-High Corporation (“Trans-High”), Jay Paul Henderson (“Henderson”), and Christopher Chabot (“Chabot”) (collectively, “Defendants”).

On September 18, 2023, Defendants filed their Answer.

On March 5, 2024, Hightimes’ and Trans-High’s counsel, Kapin PLLC, filed the instant Motions to be Relieved as Counsel.

Trial is set for December 9, 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.)

1.     Hightimes’ Motion to be Relieve as Counsel

Discussion

Counsel has submitted completed MC-051, MC-052, and MC-053 forms. Counsel has provided a declaration stating Hightimes and counsel have irreconcilable differences.  (See Decl. of Kapin.)  Counsel has indicated that Hightimes was served with copies of the motion papers filed with the declaration at Hightimes’ last known address and has confirmed within the past 30 days that the address is current by mail, return receipt requested.  (See Decl. of Kapin ¶3.)

Conclusion

Hightimes’ 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.

2.     Trans-High’s Motion to be Relieve as Counsel

Discussion

Counsel has submitted completed MC-051, MC-052, and MC-053 forms. Counsel has provided a declaration stating Trans-High and counsel have irreconcilable differences.  (See Decl. of Kapin.)  Counsel has indicated that Trans-High was served with copies of the motion papers filed with the declaration at Trans-High’s last known address and has confirmed within the past 30 days that the address is current by mail, return receipt requested.  (See Decl. of Kapin ¶3.)

Conclusion

Trans-High’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:  August _____, 2024