Judge: Kerry Bensinger, Case: 24STCV03477, Date: 2025-05-22 Tentative Ruling

Case Number: 24STCV03477    Hearing Date: May 22, 2025    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:      May 22, 2025                                                 TRIAL DATE:  November 10, 2025

CASE:                         Mauricio Henao v. PCH Malibu, LLC, et al.

CASE NO.:                 24STCV03477

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Michael B. Eisenberg and Bryan W. Edgar/ Eisenberg & Associates

RESPONDING PARTY:     No opposition

I.          INTRODUCTION

On April 3, 2025, Michael B. Eisenberg and Bryan W. Edgar, counsel for Defendants, PCH Malibu, LLC, Jan Swift, and Charlene Simpson, filed this Motion to be Relieved as Counsel.  

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 

Michael B. Eisenberg and Bryan W. Edgar seek to be relieved as counsel of record for Defendants for the following reasons: “This is a single party wage-and-hour case. Plaintiff was the sole independent contractor of Defendant PCH Malibu, which ran a small, mom-and-pop sober living home with just a client or two. Defendants' small business was totally destroyed by the Palisades Fire. Despite these verifiable facts, Plaintiff’s counsel refuses to resolve this matter reasonably and is aggressively litigating this case. As a result of the business' destruction, Defendants can no longer fulfill their financial obligations under their agreement with their lawyers. Defendants were told that if the obligations were not fulfilled, withdrawal is necessary. As a result, Michael Eisenberg and Bryan Edgar (Eisenberg & Associates) should be relieved as counsel for all the named Defendants in this action - PCH Malibu, LLC, Jan Swift, and Charlene Simpson.”  (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.)

Here, the court notes that counsel filed one motion seeking to be relieved for three separate defendants.  The moving papers indicate that service of the motion was made at a single address: 28711 Pacific Coast Highway #1; Malibu, CA 90265.  However, it is not clear if all defendants were served with the motion at this address.  If Counsel submit a declaration stating all defendants were properly served at the Malibu address or so represents at the hearing, the court will grant the motion.

IV.       CONCLUSION        

            The court will hear from counsel.

Dated:   May 22, 2025