Judge Kerry Bensinger, Case Number: 22STCV21961, Date: 2024-08-05 Tentative Ruling

Counsel may submit on the tentative ruling by emailing Dept. 31 before 8:30 the morning of the hearing. The email address is smcdept31@lacourt.org. Please do not call the court to submit on the tentative. Please do not submit to the tentative ruling on behalf of the opposing party. Please do not e-mail the Court if you plan to appear and argue.

In deciding whether to submit on the tentative ruling or attend the hearing and present oral argument, please keep the following in mind:

The tentative rulings authored by this court reflect that the court has read and considered all pleadings and evidence timely submitted to the court in connection with the motion, opposition, and reply (if any). Because the pleadings were filed, they are part of the public record.

Oral argument is not an opportunity to simply regurgitate that which a party set forth in its pleadings. Nor, is oral argument an opportunity to "make a record" when there is no court reporter present and the statements and arguments of counsel are already part of the record because they were set forth in the pleadings. Finally, simply because a party or attorney disagrees with the court's analysis and ruling or is not satisfied with it does not necessarily warrant oral argument when no new arguments will be articulated.

If you submit on the tentative, you must immediately notify all other parties email that you will not appear at the hearing. 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 motions. If all parties to the motion submit, this tentative ruling will become the final ruling after the hearing date and it will be memorialized in a minute order. This tentative ruling is not an invitation, nor an opportunity, to file further documents relative to the hearing in question. No such document will be considered by the Court.

**Tentative rulings on Motions for Summary Judgment will only be available for review in the courtroom on the day of the hearing.

On July 10, 2024, Brian Brumfield, counsel for Defendant, Kanye West aka Ye, filed this Motion to Be Relieved as Counsel. On the same day, counsel for Defendant filed an ex parte application to shorten time for the hearing on this motion. The court granted the ex parte application on July 24, 2024.

On July 29, 2024, counsel for Defendant re-filed this Motion and provided proof of service of the court’s July 24, 2024 order shortening time on the hearing.

California Rules 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.)¿

Brian Blumfield seeks to be relieved as counsel of record for Defendant for the following reason: “Defendant, Kanye West, terminated relationship on 6/21/2024. Defendant also will not speak to counsel and Defendant refuses to pay counsel as well.” (Form 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.)¿¿

Upon review, the court finds that the Motion does not comply with California Rules of Court, rule 3.1362. Counsel has not included all future hearings in this matter. Specifically, the post-mediation status conference (12/10/2024) and the final status conference (2/10/2025) are not listed in Counsel’s Motion.

Based on the foregoing, the Motion to Be Relieved as Counsel is CONTINUED to September 3, 2024. Counsel is ordered to serve and file an amended motion consistent with this order no later than 5 court days before the continued hearing date.

Kerry Bensinger

Judge of the Superior Court