Judge: Douglas W. Stern, Case: 20STCV38935, Date: 2023-08-16 Tentative Ruling

Case Number: 20STCV38935    Hearing Date: August 16, 2023    Dept: 68

Motion to be Relieved as Counsel

Todd Lundbohm, et al. vs. Fallout LLC, et al.; 20STCV38935        

Moving Party: Counsel for Defendants Fallout LLC, Clear Entertainment, Inc., and David Brown

Motion to be Relieved as Counsel

Crystal Y. Jonelis of Stubbs Alderton & Markiles, LLP, counsel of record for Defendants Fallout LLC, Clear Entertainment, Inc., and David Brown, 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 state that her firm has not represented Defendants in any capacity since November 17, 2021, when there was a substitution of attorney and Defendants assented to the terminations of her firm’s employment. There has also been a breakdown in the attorney-client relationship.

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 Defendant David Brown.