Judge: Kerry Bensinger, Case: 23STCV21961, Date: 2024-08-05 Tentative Ruling

Case Number: 23STCV21961    Hearing Date: August 5, 2024    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:     August 5, 2024                                   TRIAL DATE:  February 24, 2025

CASE:                         Tony Saxon v. YE

CASE NO.:                      23stcv21961

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Brian Brumfield, The Brumfield Law Group

RESPONDING PARTY:     No opposition

I.          INTRODUCTION

            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.

            The Motion is unopposed.

II.        LEGAL STANDARD

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.)¿

III.      DISCUSSION

            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.

IV.        CONCLUSION

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.

Counsel to give notice. 

Dated:   August 5, 2024