Judge: Kevin C. Brazile, Case: 22STCV33746, Date: 2024-01-29 Tentative Ruling

Hearing Date: February 9, 2024

Case Name: Hennig, Kramer, Ruiz & Singh, LLP v. Seretan, et al.

Case No.: 22STCV13449

Matter: Motion to be Relieved as Counsel

Moving Party: Jeremy J. Osher and Boren Osher & Luftman, LLP, counsel for Wendy 

Seretan

Responding Party: Defendant Wendy Seretan

Notice: OK

Ruling: The Motion is granted.

Moving parties to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

Jeremy J. Osher and Boren Osher & Luftman, LLP seek to be relieved as counsel for Defendant Wendy Seretan.

Wendy Seretan opposes the withdrawal, contending that her counsel are seeking to be relieved only to cover up for their own mistakes.  Seretan requests the following relief prior to any withdrawal order: (1) that her counsel be forced to file a motion for judgment on the pleadings because Seretan already paid some fees for this; (2) that counsel “reimburse Seretan for interest lost on funds held in its noninterest bearing trust account”; (3) that her deposition be delayed until the motion for judgment on the pleadings is heard; and (4) that counsel “return the payments for repeat work [ ] without opportunity for negotiation that were paid by Seretan as ransom for Osher to continue to work on her case.”

“The determination whether to grant or deny an attorney's motion to withdraw as counsel of record lies within the sound discretion of the trial court, having in mind whether such withdrawal might work an injustice in the handling of the case. (People v. Prince (1968) 268 Cal.App.2d 398, 406, 74 Cal.Rptr. 197.) ‘It is generally recognized that the failure or refusal of a client to pay or secure the proper fees or expenses of the attorney after being reasonably requested to do so will furnish grounds for the attorney to withdraw from the case.’ ”  (Lempert v. Superior Ct. (2003) 112 Cal.App.4th 1161, 1173.)

The Motion meets all requirements of Cal. Rules of Court, Rule 3.1362.  Further, given that the trial date in this action is set for November 25, 2024, and there seem to be irreconcilable differences between Seretan and her counsel, the Court will grant the Motion.  

The improprieties claimed by Seretan are not matters for which relief can be awarded within a motion to be relieved as counsel.  The Court will only order the withdrawal of counsel. 

Moving parties to give notice.

Attorney is relieved as counsel of record for client effective upon the filing of the proof of service for the Court order (form MC-053) upon the client.

Moving parties to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.