Judge: Jon R. Takasugi, Case: 20STCV05548, Date: 2023-03-16 Tentative Ruling

Case Number: 20STCV05548    Hearing Date: March 16, 2023    Dept: 17

Superior Court of California

County of Los Angeles

TENTATIVE RULING

DEPARTMENT 17

Attorney Jay M. Spillane’s motion to be relieved as counsel is DENIED. 

Legal Standard

Motions to withdraw are routinely granted if made in the proper form and presented with proper notice. The court may issue an order allowing an attorney to withdraw from representation, after notice to the client.  (CCP § 284(2).)

Discussion

            Attorney Jay M. Spillane brings the instant motion for relief as counsel as to Defendants Renaissance Capital Group, LLC and Robert A. Adams. Mr. Spillane’s declaration offers the following reasons for the motion: “1. Significant sums remain due, owning and unpaid for services in this action. 2. There has been a significant breakdown in the attorney-client relationship.” (MC-052.)

The final status conference in this action is set for 3/16/23, the same day this motion is being heard. Trial is set for 3/27/2023. Mr. Spillane’s motion offers no explanation as to why he did not, or could not, move to be relieved at an earlier stage in this litigation. To relieve Mr. Spillane at this time would cause extreme prejudice. Mr. Spillane has not offered an explanation which would substantially justify this prejudice.

Based on the foregoing, Mr. Spillane’s motion to be relieved as counsel is denied. 

It is so ordered.

Dated:  March    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

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