Judge Holly J. Fujie, Case Number: 23STCV04352, Date: 2025-02-06 Tentative Ruling

MOVING PARTY: Counsel Steven A. Heath and Uyen N. Nguyen of Heath Steinbeck, LLP (“Counsel”)

This action arises out of a landlord-tenant relationship. On February 28, 2023, plaintiff Joseph L. Parker (“Plaintiff”) filed this action against defendant Regency Outdoor Advertising (“Defendant”). The operative first amended complaint (the “FAC”) alleges cause of action for: (1) breach of oral contract and promise; (2) fraud and deceit; (3) senior abuse and harassment; (4) illegal rental unit; (5) intentional infliction of emotional distress; and (6) breach of covenant of good faith and fair dealing.

On January 9, 2025, Steven A. Heath and Uyen N. Nguyen of Heath Steinbeck, LLP filed this motion to relieved as counsel for Defendant (the “Motion”). The Motion is unopposed.

Code of Civil Procedure (“CCP”) section 284 states that “the attorney in an action…may be changed at any time before or after judgment or final determination, as follows: (1) upon the consent of both client and attorney…; (2) upon the order of the court, upon the application of either client or attorney, after notice from one to the other.”¿ (CCP § 284; California Rules of Court (“CRC”) 3.1362.)¿ The withdrawal request may be denied if it would cause an injustice or undue delay in proceeding; but the court's discretion in this area is one to be exercised reasonably.¿ (Mandell v. Superior (1977) 67 Cal.App.3d 1, 4; Lempert¿v. Superior Court (2003) 112 Cal.App.4th 1161, 1173.)¿

In making a motion to be relieved as counsel, the attorney must comply with procedures set forth in CRC, rule 3.1362.¿ The motion must be made using mandatory forms:¿

The forms must be timely filed and served on all parties who have appeared in the case.¿ (CRC rule 3.1362.)¿ If these documents are served on the client by mail, there must be a declaration stating either that the address where client was served is “the current residence or business address of the client” or “the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.”¿ (CRC rule 3.1362 subd. (d)(1).)¿

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.)

Counsel filed a filed a Notice of Motion and Motion (MC-051), Declaration in Support of Motion (MC-052) and Proposed Order (MC-053). As reason for the Motion, Counsel states: “Attorney was engaged by Regency Outdoor Advertising, Inc. (“client”) in or around January 2024. The attorney-client relationship has been terminated in November 2024, however, client has refused to sign the substitution of attorney form, which obligates Attorney to file this motion to be relieved as counsel. If the Court requires more information, Attorney can submit a further declaration for in camera review.” (MC-052, ¶ 2.) The forms were served on the client and Plaintiff on January 9, 2025. (1/09/25 POS.) Counsel confirmed via telephone and other means within the past 30 days that the client’s address is current. (MC-052, ¶ 3(b)(1).)

The Court notes that trial in this action is currently set for May 12, 2025. In addition, Defendant is an entity and cannot represent itself. Thus, unless Counsel seeking relief presents evidence in an in camera proceeding as to why they need to be relieved the Court is inclined not to relieve them because of the imminence of trial.

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.

Hon. Holly J. Fujie

Judge of the Superior Court