Judge: Kerry Bensinger, Case: BC672839, Date: 2023-03-15 Tentative Ruling

Case Number: BC672839    Hearing Date: March 15, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On August 18, 2017, plaintiff Neill Schutzer (“Plaintiff”) filed this action against defendant KMART Corporation (“Defendant”), arising from a fall occurring on August 23, 2015 while Plaintiff was shopping in Defendant’s premises.

Defendant is represented by the law firm of Collinson, Daehnke, Inlow & Greco.  On February 23, 2023, Phillip Hwang (“Hwang”) of Collison, Daehnke, Inlow & Greco filed this Motion to be Relieved as Counsel (“Motion”).  Hwang declares as follows: “Sears filed for bankruptcy on October 15, 2018 and existing litigation was stayed at that time. [] Sears is Defendant’s parent corporation.  This matter is within the parameters of the bankruptcy’s stay.  The bankruptcy court approved the Modified Second Amended Joint Chapter 11 Plan on October 15, 2019 which became effective October 29, 2022.  A liquidating trust was established which constituted all the remaining assets of Sears.  A Permanent Injunction was then issued prohibiting further actions against Sears or the Trust.  Sears has now instructed defense counsel to cease any further work and withdraw their representation.”  (MC-052.)  In a Supplemental Declaration, filed March 1, 2023, Hwang declares that his “office was instructed by Defendant to cease working on this case and submit any outstanding invoices by March 5, 2023.”  (Hwang Supp. Decl., ¶ 12.)

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.)   

Hwang’s Motion complies with California Rules of Court, Rule 3.1362. The Court notes that trial is not set in this matter and proceedings are currently stayed until August 28, 2023.  Further, no prejudice will result from granting this motion as no opposition has been filed. 

Accordingly, the Motion is GRANTED, effective upon filing a proof of service showing service of this Order on Defendant and all parties who have appeared. 

Moving party to give notice.

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.

Dated this 15th day of March 2023