Judge: Daniel M. Crowley, Case: 23STUD05234, Date: 2023-12-20 Tentative Ruling

Case Number: 23STUD05234    Hearing Date: December 20, 2023    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Defendant Armando Corral’s Counsel, Ami Meyers’, Motion to Be Relieved as Counsel is granted.

On May 9, 2023, Plaintiff Commerce Commons Management (“Commerce Commons”) (“Plaintiff”) filed its initial complaint against Defendant Odin Speed Shop Corporation (“Odin”) (“Defendant”) for unlawful detainer.  On May 17, 2023, Plaintiff filed the operative first amended complaint (“FAC”) against Odin and Defendant Armando Corral (“Corral”) (collectively, “Defendants”) for breach of lease and breach of guaranty.  On July 31, 2023, Defendants filed their Answer.

On November 13, 2023, Corral’s Counsel, Ami Meyers, filed the instant Motion to be Relieved as Counsel.

Trial is set for November 25, 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 Corral has breached his contractual obligation to remain in communication with counsel, and has been arrested for felonies, and upon posting bail, he has fled and has not provided means of contacting the client.  (See Decl. of Meyers.)  Counsel has indicated that Corral was served with copies of the motion papers filed with the declaration at Corral’s last known address and has been unable to confirm that the address is current or to locate a more current address for the client after calling the client’s last known telephone number; contacting Corral’s attorney in a personal injury case, Corral’s sister, Corral’s wife/ex-wife, and Corral’s neighbor; visiting Corral’s home on November 12, 2023, around 4:15 PM and ringing the doorbell to which no one answered; and emailing the motion papers to Corral’s email, which was last confirmed via email by Corral on October 12, 2023.

Conclusion

Corral’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:  December _____, 2023