Judge: Holly J. Fujie, Case: 23STCV01383, Date: 2024-10-24 Tentative Ruling

Case Number: 23STCV01383    Hearing Date: October 24, 2024    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

BACKGROUND

            On January 23, 2023, Plaintiff Lil Nubbins Neighborhood, LLC initiated this action against Defendants William Messori (“Messori”) and WE-BAAM, Inc. (“We-Baam”) (collectively, “Defendants”).  The complaint asserts the following causes of action: (1) breach of fiduciary duty; (2) negligence; (3) negligent misrepresentation; and (4) fraud and deceit.

            Counsel for Defendants, Michael H. Wallenstein of Wolf  Wallenstein, PC (“Counsel”), is seeking to withdraw as counsel for both Defendants, and has filed two separate motions to be relieved as counsel (collectively, the “Motions”) on September 26, 2024.  The Motions are compliant with California Rules of Court, rule 3.1362.  The Motions are unopposed.  Trial is currently set for January 27, 2025.

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 Motions, Counsel declares, as ground for the Motions, that “communication between counsel and We-Baam’s sole officer, Mr. Messori, has ceased and counsel has not heard from the client for many weeks despite repeated requests” and that “both We-Baam and Mr. Messori have been delinquent in making payments for legal services in this matter and have not cooperated with providing information needed for the conduct of the litigation.”

The Court finds that the Motions set forth adequate bases for withdrawal. The Court, therefore, GRANTS the Motions. The Court notes that while Messori can appear in propria persona, We-Baam must appear by counsel and cannot defend itself at trial without being represented by counsel. The Court will, therefore, hold an OSC regarding We-Baam’s representation by counsel on November 25, 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 24th day of October 2024