Judge: Kerry Bensinger, Case: 22STCV13368, Date: 2023-09-06 Tentative Ruling

Case Number: 22STCV13368    Hearing Date: September 27, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:      September 27, 2023                                   TRIAL DATE:  October 19, 2023

CASE:                                Charles Arnold Thomas v. HK Logistics Corporation, et al.

CASE NO.:                 22STCV13368

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Ira N. Katz, Law Offices of Ira N. Katz

RESPONDING PARTY:     No opposition

I.          INTRODUCTION

On August 1, 2023, Ira N. Katz, counsel for Defendants, HK Logistics Corporation, HK Trans LLC, and Miguel Angel Roque, filed these Motions to be Relieved as Counsel.  

The Motion to be Relieved as Counsel for HK Logistics Corporation was heard on September 6, 2023.  The Court could not grant the Motion because Counsel had not indicated at Item 6 of the proposed order (Form MC-053) the client’s current or last known address and telephone number.  Counsel was directed to file an amended proposed order and to review the Motions to be Relieved as Counsel for HK Trans LLC and Miguel Angel Roque for similar defects.

On September 6, 2023, Counsel filed amended proposed orders for all three Motions. 

II.        LEGAL STANDARDS 

California Rule of Court rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel—Civil form (MC-053)). 

The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client, and it does not disrupt the orderly process of justice.  (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)  

III.       DISCUSSION 

Ira N. Katz seeks to be relieved as counsel of record for Defendants for the following reasons: “Communications between the attorney and his client have broken down.  Often, attempts at communication by attorney fail to be answered and messages left for client are not returned in a timely manner, if at all.  In consequence, a personality clash has arisen between attorney and client which make it unreasonably difficult for the attorney to carry out his employment effectively [CRPC 3-700 (C)(1)(d) (f)).  This clash is primarily based upon a difference in opinion between attorney and client as to the legal strategy which should be followed. Attorney believes client no longer has faith in attorney’s legal opinions and, otherwise, client does not trust that attorney is acting in client’s best interest.  Accordingly, attorney’s capacity to properly litigate and try the matter is jeopardized by client’s decision.”  (Forms MC-052.)   

Absent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted.  (People v. Prince (1968) 268 Cal.App.2d 398, 406.).  

Counsel has cured the defect for the Motion to be Relieved as Counsel for HK Logistics Corporation.  That Motion, and the Motions to be Relieved as Counsel for HK Trans LLC and Miguel Angel Roque comply with California Rules of Court, rule 3.1362. 

Accordingly, the Motions are GRANTED.

IV.       CONCLUSION        

            The Motions are granted and effective upon the filing of the proof of service of these signed orders upon the Defendants.

Counsel to give notice. 

Dated:   September 27, 2023                                                   ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.