Judge Katherine Chilton, Case 20STLC00821 2022-09-26 Tentative Ruling

Judge: Katherine Chilton, Case: 20STLC00821, Date: 2022-09-26 Tentative Ruling

Case Number: 20STLC00821 Hearing Date: September 26, 2022 Dept: 25

PROCEEDINGS: MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Counsel Christopher Delaplane, for Defendant KLK Forte Industry, Inc.

RESP. PARTY: None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284, CRC rule 3.162)

TENTATIVE RULING:

Counsel Christopher Delaplane’s Motion to Be Relieved as Counsel as to Defendant KLK Forte Industry, Inc. is GRANTED and the Order will be signed at the hearing. “After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, rule 3.1362(e).) The Order on this Motion will not be effective “until proof of service of a copy of the signed order on Defendant has been filed with the court.” (Ibid.)

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) [OK]

[X] Correct Address (CCP §§ 1013, 1013a) [OK]

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) [OK]

OPPOSITION: None filed as of September 21, 2022. [ ] Late [X] None

REPLY: None filed as of September 21, 2022. [ ] Late [X] None

ANALYSIS:

I. Background

On January 27, 2020, Plaintiff Design Collection, Inc. (“Plaintiff”), filed an action against Defendants Honey Punch America, Inc., dba Honey Belle (“Honey Punch”); KLK Forte Industry, Inc., dba Wild Honey (“KLK”); Honey Punch USA (“Honey USA”); Katherine Kim aka Katherine Hee Kim aka Kathy Kim aka Katherine Lee aka Hyun Hee Kim (“Katherine”) (collectively “Defendants”) for (1) breach of contracts, (2) open account, (3) account stated, (4) goods sold and delivered (quantum valebant), (5) conversion, (6) claim and delivery, (7) promise without intent to perform, (8) intentional misrepresentation, and (9) negligent misrepresentation. On February 8, 2021, Plaintiff filed an Amended Complaint, which added business names for certain Defendants and added the following Defendants: Honey Global IP, LLC (“Honey Global”), The Honey Companies, LLC (“Honey Co.”), and Kenny In Hwang, aka Kenny Kwon Hwang, aka Kenny Hwang, dba Honey Punch, dba Honey Punch America, dba Style Melody (“Kenny”).

On November 17, 2021, Defendants Katherine and KLK filed a joint Answer denying all allegations in the Complaint.

On January 6, 2022, the Court dismissed the case without prejudice because Plaintiff did not appear at the hearing. (1-6-22 Minute Order.) The dismissal was set aside and vacated on May 5, 2022, based on Plaintiff’s Motion to Set Aside/Vacate Dismissal. (5-5-22 Minute Order.)

On May 20, 2022, pursuant to Plaintiff’s request, default was entered against Defendants Honey Punch, Honey Global, and Honey Co. (5-20-22 Request.)

On July 5, 2022, Counsel Christopher Delaplane filed the instant Motion to Be Relieved as Counsel as to Defendant KLK (“Motion”).

No opposition has been filed.

II. Legal Standard and Discussion

Code of Civil Procedure § 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.” (Code Civ. Proc. § 284; 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. (See 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 Cal. Rules of Court, Rule 3.1362. The motion must be made using mandatory forms:

1. Notice of Motion and Motion to be Relieved as Counsel directed to the client – (MC-051);

2. Declaration “stating in general terms and without compromising the confidentiality of the attorney-client relationship” the reasons that the motion was brought (MC-052);

3. Proposed Order (MC-053).

(Ibid.) The forms must be timely filed and served on all parties who have appeared in the case. (Ibid.) 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.” (Cal. Rules of Court, rule 3.1362(d)(1).)

III. Discussion

On July 5, 2022, Counsel Christopher E. Delaplane (“Delaplane”) moved the Court to relieve him as attorney of record for Defendant KLK. (Mot. - MC-051.) Counsel Delaplane properly filed a Notice of Motion and Motion directed to Defendant KLK. (Ibid.). Counsel also filed a Declaration in Support of the Motion (MC-052) stating that the Motion is due to “a breakdown in the attorney-client relationship such that Delaplane Law Group, APC and its associated attorneys can no longer effectively represent KLK Forte Industry, Inc.” (Delaplane Decl., MC-052, p. 1, ¶ 2.) Counsel has served Defendant KLK at Defendant’s last known address at 106 ½ Judge John Aiso Street, Los Angeles, CA 90012, and has confirmed the address by telephone within the past 30 days. (Ibid. at ¶ 3.) Counsel has also filed a Proposed Order (MC-053.) All documents were filed with the Court and served on all the parties in the case on July 5, 2022. (Mot. p. 3; Delaplane Decl. p. 3; Proposed Order p. 3.)

Given that Counsel Delaplane has satisfied all procedural requirements for filing the Motion and because there is no showing that withdrawal would cause injustice or undue delay in the proceedings, the Court GRANTS Counsel Delaplane’s Motion to be Relieved as Counsel as to Defendant KLK Forte Industry, Inc.

Counsel Delaplane remains counsel of record for Defendant Katherine Kim.

IV. Conclusion & Order

For the foregoing reasons, Counsel Christopher Delaplane’s Motion to Be Relieved as Counsel as to Defendant KLK Forte Industry, Inc. is GRANTED, and the Order will be signed at the hearing. “After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, rule 3.1362(e).) The Order on this Motion will not be effective “until proof of service of a copy of the signed order on Defendant has been filed with the court.” (Ibid.)

Moving party is ordered to give notice.