Judge: Holly J. Fujie, Case: 23STCV02814, Date: 2024-01-23 Tentative Ruling

Case Number: 23STCV02814    Hearing Date: January 23, 2024    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Farhad Novian and Lindsey Phipps on behalf of Novian & Novian (“N&N”)

            RESPONDING PARTY: Plaintiff

            The Court has considered the moving, opposition and reply papers.

BACKGROUND

Plaintiff’s complaint (the “Complaint”) alleges: (1) action to enforce a judgment; (2) breach of contract; and (3) declaratory judgment.

N&N wishes to withdraw as counsel for Defendants Avalon Cold Storage, LLC; American Logistics Food Processing and Packing LLC; and American Logistics International Fulfillment, LLC (collectively, “Defendants”).  On December 22, 2023, N&N filed three motions to be relieved as counsel for Defendants (collectively, the “Motions”).  The Motions are compliant with California Rules of Court, rule 3.1362. 

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, N&N declares that Defendants have closed their operations and ceased communicating with counsel, making it impossible for counsel to continue carrying out the representation. 

            Plaintiff’s oppositions (collectively, the “Oppositions”) argue that the Motions represent Defendants’ attempt to stall the progression of the litigation to Plaintiff’s detriment.  The Oppositions note that Defendants are required to have representation because they are business entities. 

The Court agrees with Plaintiff’s contention that Defendants are required to be represented by counsel due to their status as LLCs.  (See Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101.)  This requirement, however, does not preclude Defendants’ current counsel from withdrawing where, as here, the attorney-client relationship has broken down.  Given that the trial is not scheduled to begin for over six months, the Court finds that the Motions set forth an adequate basis for withdrawal.  The Court therefore GRANTS the Motions.  The Court will hold an OSC regarding Defendants’ representation on February 13, 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 23rd day of January 2024