Judge: Holly J. Fujie, Case: 21STCV32001, Date: 2024-11-12 Tentative Ruling

DEPARTMENT 56 JUDGE HOLLY J. FUJIE, LAW AND MOTION RULINGS. The court makes every effort to post tentative rulings by 5.00 pm of the court day before the hearing. The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)], and are also available in the courtroom on the day of the hearing [see CRC 3.1308(b)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) call Dept 56 by 8:30 a.m. on the day of the hearing (213/633-0656) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no telephone call is necessary and all parties should appear at the hearing in person or by Court Call. Court reporters are not provided, and parties who want a record of motions and other proceedings must hire a privately retained certified court reporter.

Case Number: 21STCV32001    Hearing Date: November 12, 2024    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

BACKGROUND

            This action arises out of an alleged breach of a settlement agreement.  The currently operative Second Amended Complaint alleges a sole cause of action for breach of written contract. 

            Counsel for Defendants Love Thy Keepers, LLC and Ryan Ronal Johnson (collectively, “Defendants”), FREUNDLEGAL, Craig Huber and Stephen Crump (“Counsel”), seek to withdraw as counsel for both Defendants, and filed this motion to be relieved as counsel (the “Motion”) on October 7, 2024.  The Motion is compliant with California Rules of Court, rule 3.1362, and is unopposed.  Trial in this action is not yet set.

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.)  Withdrawal is generally permitted unless there is a compelling reason to continue the representation.  (Heple v. Kluge (1951) 104 Cal.App.2d 461, 462.) 

In connection with the Motion, Counsel declares, as ground for the Motion, that “[n]either client consents to substitution, and both clients have rendered it unreasonably difficult to continue to represent their interests.”

The Court finds that the Motion sets forth adequate bases for withdrawal.  The Court, therefore, GRANTS the Motion. The Court notes that while Ryan Ronal Johnson can appear in propria persona, Love Thy Keepers, LLC must appear by counsel and cannot defend itself at trial without being represented by counsel.  The Court will, therefore, hold an OSC regarding Love Thy Keepers, LLC’s representation by counsel on December 10, 2024, at 8:30 a.m. in this Department.

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 November 2024