Judge: Holly J. Fujie, Case: 22STCV39344, Date: 2023-04-13 Tentative Ruling

Case Number: 22STCV39344    Hearing Date: April 13, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

AND RELATED CROSS-ACTION

MOVING PARTY: Edward G. Operini (“Operini”)

Operini seeks to be relieved as counsel for Pilot Inc. (“Pilot”) and Calvin Wang (collectively, “Defendants”).  Operini’s motions to be relieved as counsel (collectively, 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, Operini declares there has been a breakdown in communication that makes continuing Defendants’ representation impossible.  The Court finds this to be an adequate basis for withdrawal.  For this reason and because they are unopposed, the Court GRANTS the Motions.  (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)  As a business entity, Pilot must be represented by counsel.  (See Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101.)  The Court will hold an OSC regarding Pilot’s representation on May 4, 2023 at 8:30 a.m. in this department.

Moving party is ordered to give notice of this ruling.

In consideration of the current COVID-19 pandemic situation, the Court¿strongly¿encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.¿¿If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to¿SMC_DEPT56@lacourt.org¿stating your intention to appear in person.¿ The Court will then inform you by close of business that day of the time your hearing will be held. The time set for the hearing may be at any time during that scheduled hearing day, or it may be necessary to schedule the hearing for another date if the Court is unable to accommodate all personal appearances set on that date.¿ This rule is necessary to ensure that adequate precautions can be taken for proper social distancing. 

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 13th day of April 2023