Judge: Douglas W. Stern, Case: 20STCV04372, Date: 2023-09-06 Tentative Ruling
Case Number: 20STCV04372 Hearing Date: September 6, 2023 Dept: 68
Motion to be Relieved as Counsel
Capstone
Turbine Corporation vs. Turbine International, LLC; 20STCV04372
Moving
Party: Counsel for Defendants Turbine International; Hispania Petroleum,
S.A.; Fortitude Resources, LLC; Jose Penafiel; and Gloria Penafiel
Motion
to be Relieved as Counsel
Diane Mancinelli
of Mentis Law Group, PLC, counsel of record for the above named Defendants, seeks
to be relieved as counsel for those parties.
Counsel filed motions with the required Forms MC-051, MC-052, and
MC-053. Counsel’s declarations indicate
that the trust and confidence essential to the attorney-client relationship has
ceased to exist and irreconcilable differences have arisen between client and
attorney.
Absent a showing
of resulting prejudice, an attorney’s request for withdrawal should be granted.
(People v. Prince (1968) 268 Cal.App.2d 398, 406.) Counsel’s motion complies with California
Rules of Court, Rule 3.1362 and meets its requirements.
The Court is
inclined to grant the motions to be relieved as counsel because they meet the
requirements. However, the Court would
ask for confirmation that the corporate Defendants have found new representation
or do not need representation before granting the motion because corporations
may not represent themselves. (Merco
Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724.)
The motion is
granted for Defendants Jose Penafiel and Gloria Penafiel.
Moving party to
give notice.