Judge: John J. Kralik, Case: 21BBCV00748, Date: 2023-02-17 Tentative Ruling

Case Number: 21BBCV00748    Hearing Date: February 17, 2023    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

Defense counsel, Jeremy H. Rothstein, Esq. (“Counsel”), moves to be relieved as counsel for Defendants DVD Factory, Inc., Combat Zone, LLC and Daniel J. Quinn (“Defendants”). 

Counsel filed the motion to be relieved as counsel for DVD Factory, Inc. and Mr. Quinn on January 13, 2023.  Counsel thereafter filed the motion to be relieved as counsel for Combat Zone, LLC and Mr. Quinn on January 17, 2023.  The Court notes that there is only a single hearing date reserved for these two motions.  As such, additional filing fees should be paid for the second motion to be relieved as counsel.  Counsel has filed the requisite forms pursuant to CRC Rule 3.1362.  However, the proposed Order Forms MC-053 were rejected by the Clerk of the Court as Counsel did not include the phone numbers as required in section 6 of the forms.

By way of background, the Court notes that this proceeded to trial in August and September of 2022 and the Court issued its Final Statement of Decision on January 6, 2023.

According to the declaration of Counsel, Counsel seeks to be relieved as counsel because: (1) there has been a breakdown in the attorney-client relationship that would make continued representation of counsel ineffective; (2) the client’s failure to communicate with counsel; (3) the motion is brought at the request of Defendants; and (4) Defendants breached the material terms of the agreement between the firm and clients.  (MC-052, §2.)  For these reasons, Counsel seeks to withdraw from representing Defendants in this action. 

Counsel properly served Defendants at their last known mailing address, which was confirmed by telephone and via email with Mr. Quinn and with the California Secretary of state website for Combat Zone, LLC and DVD Factory, Inc. within the past 30 days of filing the motion.  Plaintiff’s counsel was also served with the motion by mail and email.

On January 23, 2023, Plaintiffs filed an omnibus objection to Counsel’s motion to be relieved as counsel on the grounds that DVD Factory, Inc. and Combat Zone, LLC are corporate defendants who do not have substitute counsel. They also object on the ground that no valid address was provided for Plaintiffs to effectuate personal service of process on Defendants and that the P.O. Box address for Mr. Quinn is not a proper address to effectuate service of process. 

The Court notes that judgment was entered on February 1, 2023.  As for future hearing dates, a motion for attorney’s fees is set for June 16, 2022.  At this late stage of the proceedings, it appears that it would be more appropriate for Counsel to finish the one remaining job to be done, an opposition to that motion.  Appointing new counsel for the client who is not familiar with the course of the litigation and trial to respond to this motion would require new counsel to spend nearly as much time interviewing current Counsel and obtaining documents as would be required for a response to this motion. Moreover, a valid address for Mr. Quinn should be provided so that he can be effectively served with supplemental process in this case.

Accordingly, the motions to withdraw as counsel are denied without prejudice to their renewal subsequent to the hearing on the motion to determine attorneys’ fees.  As Defendant Combat Zone, LLC and DVD Factor, Inc. are corporate entities, they cannot represent themselves in propria persona.  (See Rogers v. Municipal Court (1988) 197 Cal.App.3d 1314, 1318.)  Thus, these clients should be advised that when the Court does provide leave to withdraw, they will not be able to file further pleadings without obtaining counsel.  

Notice to be provided by Counsel.