Judge: Elaine W. Mandel, Case: 21SMCV01008, Date: 2022-08-04 Tentative Ruling
Case Number: 21SMCV01008 Hearing Date: August 4, 2022 Dept: P
Tentative
Ruling
WVS
SPE LLC v. LA Nasher, LLC et al., Case No. 21SMCV01008
Hearing
Date August 4, 2022
Defense
Counsel Moghada’s Motion to be Relieved (UNOPPOSED)
Attorney Rafi Moghada moves to be relieved as counsel for defendants LA Nasher, LLC and Joseph Youshaei. Counsel filed and properly served the required judicial council forms—MC050, MC051 and MC052. Trial is not scheduled until February 2, 2023, meaning defendants will likely be able to retain replacement counsel before trial begins. Counsel moves to withdraw because “client did not voluntarily consent to counsel’s request to be relieved.” Declaration, pg. 1. This is insufficient. Counsel must provide a more substantive reason as to why the attorney-client relationship cannot continue or has broken down. The court notes LA Nasher/Youshaei do not file opposition. The matter may be continued to allow for additional evidence, such as declarations from Moghada (in camera, if appropriate), or consent of the parties.
DUE TO THE ONGOING COVID-19 PANDEMIC PARTIES AND COUNSEL ARE ENCOURAGED TO APPEAR BY MICROSOFT OFFICE TEAMS.