Judge Douglas W. Stern, Case Number: 22STCV35710, Date: 2023-07-20 Tentative Ruling

Judge: Douglas W. Stern, Case: 22STCV35710, Date: 2023-07-20 Tentative Ruling

Case Number: 22STCV35710 Hearing Date: July 20, 2023 Dept: 68

Motion to be Relieved as Counsel

Gabison Development, LLC vs. Ilan Kenig, et al.; 22STCV35710

Moving Party: Counsel for Defendants FMB Consulting, LLC and 1013 Spaulding, LLC

Motion to be Relieved as Counsel

Elizabeth M. Thompson and Rodney S. Lasher of Venable LLP, counsel of record for Defendants FMB Consulting, LLC and 1013 Spaulding, LLC, seek 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 there has been a breakdown in the attorney-client relationships and that Defendants have failed to adhere to their retainer agreements with the attorneys.

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 Defendants have found new representation before granting the motion because corporations may not represent themselves. (Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724.)