Judge: Jon R. Takasugi, Case: 21STCV14842, Date: 2023-11-21 Tentative Ruling

Case Number: 21STCV14842    Hearing Date: November 27, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Attorney Donald Charles Schwartz’s motion to be relieved as counsel is GRANTED, effective upon filing proof of service of the court’s order (MC-053).

The court sets an OSC re: dismissal of Defendant Baker’s cross-complaint if he – having previously been deemed a vexatious litigant – does not retain counsel or otherwise comply with Code of Civil Procedure section 391.7.

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.  (Code Civ. Proc., § 284(2).) 

Discussion

Attorney Donald Charles Schwartz brings the instant motion for relief as counsel as to Defendant and Cross-Complainant Alexander Collin Baker.  

The following documents are properly submitted: Civil Form MC-051 “Notice of Motion and Motion to be Relieved as Counsel,” Civil Form MC-052 “Declaration in Support of Attorney’s Motion to be Relieved as Counsel,” and Civil Form MC-053 “Order Granting Attorney’s Motion to be Relieved as Counsel.”

Defendant Baker is a vexatious litigant and thus may not represent himself in his pending Cross-Complaint. In Forrest v. Department of Corporations (2007) 150 Cal.App.4th 183, plaintiff was a vexatious litigant who retained counsel. The court permitted counsel to withdraw on the day the case was set for trial. When appellant failed to retain new counsel after a number of continuances, the court dismissed the case and later denied reconsideration of the dismissal when Forrest appeared with counsel. The Court held that the trial court had not abused its discretion, stating:

We hold here that the trial court has authority under Code of Civil Procedure section 391.7 to dismiss a lawsuit during the pendency of litigation when a vexatious litigant under a prefiling order is not represented by counsel and has not obtained permission from the presiding judge to proceed unrepresented. We find no abuse of discretion and affirm the dismissal.

            (Forrest, supra, Cal.App.4th at p. 190.)

            The court sets an OSC re: failure of Plaintiff to retain counsel. If Plaintiff has not retained new counsel by the OSC date, the Court will dismiss the Cross-Complaint.

            The motion is GRANTED.

Dated:  November    , 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.  For more information, please contact the court clerk at (213) 633-0517.  

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Attorney Donald Charles Schwartz’s motion to be relieved as counsel is GRANTED, effective upon filing proof of service of the court’s order (MC-053).

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.  (Code Civ. Proc., § 284(2).) 

Discussion

Attorney Donald Charles Schwartz brings the instant motion for relief as counsel as to Defendant Adam Bravery, LLC.   

The following documents are properly submitted: Civil Form MC-051 “Notice of Motion and Motion to be Relieved as Counsel,” Civil Form MC-052 “Declaration in Support of Attorney’s Motion to be Relieved as Counsel,” and Civil Form MC-053 “Order Granting Attorney’s Motion to be Relieved as Counsel.”

            The motion is GRANTED.

It is so ordered.

Dated:  November    , 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.  For more information, please contact the court clerk at (213) 633-0517.