Judge: Helen Zukin, Case: 21SMCV01621, Date: 2022-07-27 Tentative Ruling

Case Number: 21SMCV01621    Hearing Date: July 27, 2022    Dept: 207

Background

This concerns the purchase and sale of real property located at 9221 Charlieville Blvd., Beverly Hills, California 90210. On October 10, 2021, Plaintiff, purchaser JJK Enterprises LLC filed a Complaint seeking specific performance of its purchase agreement with seller, defendant Charlieville View, LLC’s (“Charlieville”). On December 6, 2021, CV filed a Cross-Complaint seeking to invalidate the purchase agreement. Charlieville is represented in this action by attorney Yana Henriks of McMurray Henriks, LLP (“Counsel”). Counsel has filed a motion to be relieved as counsel for Charlieville in this action. Counsel’s motion is unopposed.

Standard to be Relieved as Counsel

The Court may order an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (C.C.P. § 284(2).) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.)

An application to be relieved as counsel must be made on Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (CRC 3.1362(a), (c), (e).) The requisite forms must be served “on the client and on all parties that have appeared in the case.” (CRC 3.1362(d).)

Analysis

The Court notes Counsel has filed all the required forms and the moving papers were served electronically on Charlieville. (See Forms MC-052, Item No. 3; Proof of Service; Henriks Decl.) Thus, the Court finds Counsel has satisfied the requirements of CRC 3.1362(a). The Court notes Charlieville will have sufficient time to obtain new counsel before the trial in May 2023.

Counsel declares unresolvable issues have arisen which prevent Counsel from continuing in its representation of Charlieville. The Court finds this explanation is sufficient to justify the relief sought by Counsel and accordingly the motion is GRANTED. Pursuant to CRC 3.1362(e), the Court will delay the effective date of the order relieving Counsel until proof of service of a copy of the signed order on Charlieville has been filed with the Court.

Conclusion

The motion to be relieved as counsel for Defendant and Cross-Complainant Charlieville View, LLC is GRANTED. Counsel is directed to serve a copy of the Court’s signed order granting his motion to be relieved as counsel on all parties which have appeared in this case as required by CRC 3.1362(e). The Court’s order granting Counsel’s motion will be deemed effective as of the date Counsel files a proof of service of a copy of this order on Charlieville.