Judge: Elaine W. Mandel, Case: 21SMCV01125, Date: 2023-10-19 Tentative Ruling

Case Number: 21SMCV01125    Hearing Date: October 19, 2023    Dept: P

Tentative Ruling

SKU Jewelry Company v. International Vintage Watch Company, Case No. 21SMCV01125

Hearing Date October 19, 2023

Motion to be Relieved as Counsel for Defendant International Vintage Watch Company

Walter Weiss, Esq. moves to be relieved as counsel for defendant International Vintage Watch Company. The motion includes the proper judicial council forms, MC-051-MC-053. Weiss states he served Vintage Watch by mail but does not include a proof of service indicating plaintiff was served, as required under California Rule of Court Rule 3.1362 (d)(1).

Since there are no substantive hearings scheduled, Vintage Watch is unlikely to suffer undue prejudice if Weiss is relieved as counsel. Additionally, Weiss states there has been a complete breakdown of communications with Vintage Watch, which has not paid him “a substantial amount of attorneys fees and costs.” These are valid bases for withdrawal.

The motion may be GRANTED once Weiss files proof of service on plaintiff.