Judge: Gary I. Micon, Case: 21CHCV00810, Date: 2024-04-02 Tentative Ruling

Case Number: 21CHCV00810    Hearing Date: April 2, 2024    Dept: F43

Dept. F43

Date: 4-2-24

Case # 21CHCV00810, Rick Hamm Construction, Inc., vs. Danone US, LLC, et al.

Trial Date: N/A

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Attorney for Defendant Avex Builders, Inc.

RESPONDING PARTY: No response has been filed

RELIEF REQUESTED

Attorney for Defendant is requesting to be relieved as counsel

RULING: Motion to be relieved as counsel is granted

ANALYSIS

Sean Dowsing of Manning & Kass, Ellrod, Ramirez, Trester LLP, counsel of record for Defendant Avex Builders, Inc., seeks to be relieved as counsel for that party.¿Counsel filed a motion with the required Forms MC-051, MC-052, and MC-053. Counsel’s declaration states that the client did not voluntarily consent to counsel’s request to be relieved, which is why they filed this motion. Counsel also states that irreconcilable differences have arisen between client and counsel.

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.)¿There is no showing of prejudice, and counsel’s motion complies with California Rules of Court, Rule 3.1362 and meets its requirements.

It is worth noting that corporations may not represent themselves. (Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724.) Defendant Avex Builders, Inc., should immediately find new counsel.

Motion to be relieved as counsel is granted.

Moving party to give notice.