Judge: Elaine W. Mandel, Case: 21SMUD00229, Date: 2024-05-08 Tentative Ruling

Case Number: 21SMUD00229    Hearing Date: May 8, 2024    Dept: P

Tentative Ruling

West Idaho LLC v. Catherine Zhang, Case No. 21SMUD00229

Hearing date May 8, 2024

Defendant Counsel Finkel’s Motion to be Relieved as Counsel

Alan Finkel, counsel for defendant Zhang, seeks to withdraw, citing a breach of the attorney-client retainer agreement. MC-052 Declaration of Finkel. Plaintiff has not filed an opposition. The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.

Counsel seeks withdrawal due to Zhang’s breach of her retainer agreement with Finkel’s law firm. Finkel Decl., para. 1. Zhang failed to make payments for legal services rendered, despite all parties knowing and agreeing counsel’s firm would not be representing Zhang on a pro bono basis. Id.

Counsel states at the last status conference on February 9, 2024, all counsel represented to the Court that the July 22, 2024 trial date should be vacated to permit Zhang to conduct a wrongful termination arbitration with her former employer. Finkel Decl., para. 1. Despite this understanding, cross-defendant West Idaho LLC erroneously stated in their March 28, 2024 Motion for Summary Judgment that trial was set for July 22, 2024, not recognizing the Court vacated the July 22, 2024 trial date. Finkel Decl., para. 2. Finkel subsequently requested cross-defendant West Idaho take the Motion for Summary Judgment off, but cross-defendant has refused to do so. Id.

Counsel Finkel filed the mandatory forms and served defendant Zhang and all parties. No proposed order has yet been submitted (MC-053). As no opposition was filed by Zhang, the motion is granted, subject to Finkel proving the court with a proposed order.