Judge: Daniel M. Crowley, Case: 23STCV35738, Date: 2023-08-16 Tentative Ruling

Case Number: 23STCV35738    Hearing Date: August 16, 2023    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Defendant HK Trans LLC’s Counsel, Ira N. Katz’s, Motion to Be Relieved as Counsel is granted.

Defendant Miguel Angel Roque II’s Counsel, Ira N. Katz’s, Motion to Be Relieved as Counsel is granted.

Defendant HK Logistics Corp’s Counsel, Ira N. Katz’s, Motion to Be Relieved as Counsel is granted.

On February 9, 2023, Plaintiff Xchange Logistics Corporation (“Xchange”) (“Plaintiff”) filed this action against Defendants HK Logistics Corp (“HK Corp”) and Miguel Angel Roque II (“Roque”) for conversion, breach of contract, negligence, intentional interference with contractual relations, violation of Business and Professions Code §17200, and common count: money had and received.  On April 14, 2023, Plaintiff amended its complaint by substituting Doe 1 to be HK Trans LLC’s (“HK LLC”).

On August 3, 2023, Defendants HK LLC’s, Roque’s, and HK Corp’s (collectively, “Defendants”) counsel, Ira N. Katz, filed Motions to be Relieved as Counsel. 

Trial is set for June 17, 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 declarations stating communications between him and Defendants have broken down.  Counsel has indicated that Defendants were served by mail at their last known addresses with copies of the motion papers, and Counsel confirmed within the past 30 days of filing his motion that the addresses are current via telephone and by email.

Conclusion

Defendants HK LLC’s, HK Corp’s, and Roque’s Counsel’s Motion to Be Relieved as Counsel is granted. 

Counsel is ordered to give notice of this ruling. 

Counsel is ordered to file the proofs of service of this ruling with the Court within five days. 

HK Trans LL v. Xchange Logistics 23NWCV01342 ex parte to Specially Set Hearing On Motion To Be Relieved as Counsel 

The Court will hear the matter on August 22, 2023, at 8:30.  Moving party is to give personal or e-notice by August 17, 2023. 

Moving party is to give notice of this ruling. 

Dated:  August _____, 2023