Judge: Holly J. Fujie, Case: 19STCV45806, Date: 2023-12-12 Tentative Ruling

Case Number: 19STCV45806    Hearing Date: December 12, 2023    Dept: 56

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

MAL BIEN BAR, LLC,

                        Plaintiff,

            vs.

RVCC INTERSECT, LLC, et al.,                                                           

                        Defendants.   

 

      CASE NO.: 19STCV45806

 

[TENTATIVE] ORDER RE: MOTIONS TO BE RELIEVED AS COUNSEL

 

Date:  December 12, 2023

Time: 8:30 a.m.

Dept. 56

Jury Trial: January 22, 2024

 

 

 

MOVING PARTY: Steffanie Stelnick (“Stelnick”)

 

On November 6, 2023, Stelnick filed motions to be relieved as counsel for Defendants Christopher L. Adams (“Adams”), Nicolo James Rusconi (“Rusconi”), RVCC Intersect, LLC (“RVCC”), and Reserve Vault, LLC (“Reserve Vault”) (collectively, the “Motions”). The Motions are compliant with California Rules of Court, rule 3.1362.  The Motions are unopposed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure section 1005, subdivision (b).

 

DISCUSSION

The court has discretion on whether to allow an attorney to withdraw, and a motion to withdraw will not be granted where withdrawal would prejudice the client.  (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) 

 

In support of the Motions, Stelnick declares that there are irreconcilable differences that require her to withdraw as Defendants’ counsel.  Given the imminence of trial and the requirement that business entity Defendants RVCC and Reserve Vault be represented by counsel, the Stelnick Declarations do not provide sufficient information for the Court to determine if withdrawal is appropriate at this stage in the litigation.  Absent additional information that may be presented at the time of the hearing, the Court provisionally DENIES the Motions without prejudice.

 

Moving party is ordered to give notice of this ruling.

 

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar. 

 

         Dated this 12th day of December 2023

 

 

 

Hon. Holly J. Fujie

Judge of the Superior Court