Judge: Helen Zukin, Case: 22SMCV01012, Date: 2022-11-22 Tentative Ruling

Case Number: 22SMCV01012    Hearing Date: November 22, 2022    Dept: 207

Background

Plaintiff JabX Bellevue, Inc. (“Plaintiff”) brings this action against Defendants Nicole Fox and The Fox Consultancy, Inc. (“TFC”) for claims related to TFC’s sublease of commercial property located at 8442 Santa Monica Boulevard in West Hollywood, California. Plaintiff’s Complaint, filed June 30, 2022, alleges causes of action for breach of written contract, breach of implied contract, breach of covenant of good faith and fair dealing, and declaratory relief. Defendant TFC is represented in this action by attorneys Gina Austin and Tamara Leetham Rozmus of the Austin Legal Group, APC (“Counsel”). Counsel brings a motion to be relieved as counsel for Defendant TFC. 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 on Defendant TFC (See Forms MC-052, Item No. 3; Proof of Service; Rozmus Decl.) Thus, the Court finds Counsel has satisfied the requirements of CRC 3.1362(a). The Court notes Defendant TFC will have sufficient time to obtain new counsel before the trial on March 20, 2023.

Counsel declares they are seeking to be relieved as counsel due to a breakdown in communication with the client which has made it impossible for Counsel to effectively represent Defendant TFC. 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 TFC has been filed with the Court.

Conclusion

The motion to be relieved as counsel for Defendant The Fox Consultancy, Inc. 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 The Fox Consultancy, Inc.