Judge: Latrice A. G. Byrdsong, Case: 23STLC01766, Date: 2024-03-05 Tentative Ruling
Case Number: 23STLC01766 Hearing Date: March 5, 2024 Dept: 25
Hearing Date: Tuesday, March 5, 2024
Case Name: FRANCISCO
REYES v. 5300 CLARK AVENUE, LLC; STIX HOLDINGS, LLC; LORNE GOLDBERG AKA LORNE
A. GOLDBERG; and DOES 1 – 10
Case No.: 23STLC01766
Motion: Motion to be Relieved as Counsel
Moving Party: Ira
M. Steinberg, Counsel for Defendant Stix Holdings, LLC
Responding Party: Defendant
Stix Holdings, LLC
Notice: OK
Tentative Ruling: Attorney Ira M. Steinberg’s Motion
to be Relieved as Counsel for Defendant Stix Holdings, LLC is GRANTED, without
prejudice.
The Court's Ruling and Attorney's relief as Counsel of
record for client is not effective until Proof of Service of the Order signed
by the Court upon the client is filed in this action. Until then, counsel continues to be counsel
of record. Cal. Rules of Court
3.1362(e).
An Order to Show Cause Re: Status of Defendant Stix Holdings, LLC’s
Legal Representation is set for April 11, 2024 at 9:30 a.m. in Department 25 of
the Spring Street Courthouse.
BACKGROUND
On March 16, 2023, Plaintiff Francisco Reyes (“Plaintiff”) filed
an action against Defendants 5300 Clark Avenue, LLC, Stix Holdings, LLC
(“Stix”), Lorne Goldberg aka Lorne A. Goldberg, and Does 1 to 10, alleging one
cause of action for violation of the Unruh Civil Rights Act (Civil Code Section
51).
On December 29, 2023, Ira M. Steinberg (“Counsel”), counsel for
Defendant Stix, filed a motion to be relieved as counsel. The motion is unopposed.
MOVING PARTY
POSITION
Counsel
indicates that Stix wishes for Counsel to withdraw from representation in this
matter, but Stix has not selected new counsel, thus requiring Court approval
for the withdrawal to be effective.
OPPOSITION
None.
REPLY
None.
ANALYSIS
I. Motion
to be Relieved as Counsel
A. Legal Standard
A
motion to be relieved as counsel must be made on Judicial Council Form MC-051
(Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed
Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).) The
requisite forms must be served “on the client and on all parties that have
appeared in the case.” (Cal. Rules of Court, Rule 3.1362, subd. (d).)
B. Analysis
The
Court finds that Counsel has demonstrated a sufficient basis for permitting
withdrawal at this time. Counsel indicates that Stix wishes for Counsel to
withdraw from representation. (Steinberg Decl., ¶ 2.) If the client requests
the attorney to withdraw, the attorney should oblige. (See Cal. Rules of
Professional Conduct, rule 1.16, subd. (a)(4).) Moreover, although Stix is a
corporate entity, the Court may grant a motion to be relieved as counsel, even
if it leaves the corporate client without representation. (See Gamet v.
Blanchard (2001) 91 Cal.App.4th 1276, 1283-1284.)
The
Court otherwise finds Counsel has submitted the proper Judicial Council forms
per Rule 3.1362 of the California Rules of Court, and they are all properly
completed. (See Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e); Motion;
Declaration; Proposed Order.) The Court also notes that the Motion, i.e.,
Judicial Council Form MC-051, provides notice to Stix of the subsequent need to
retain representation given Stix’s status as a corporate entity. (See Motion, ¶¶
4-6; Gamet, supra, 91 Cal.App.4th at p. 1284 n. 5.)
Based on
the foregoing, the Court GRANTS the Motion. The Court will further set an Order
to Show Cause Re: Status of Representation as to Defendant Stix to permit Stix
time to find new legal representation.
III. Conclusion
The Court GRANTS the Motion to be Relieved as
Counsel without prejudice.
The Court further sets an Order to Show Cause Re: Status of
Defendant Stix Holdings, LLC’s Legal Representation
for April 11, 2024 at 9:30 a.m. in
Department 25 of the Spring Street Courthouse.
The Court's Ruling and Attorney's relief as Counsel of
record for client is not effective until Proof of Service of the Order signed
by the Court upon the client is filed in this action. Until then, counsel continues to be counsel
of record. Cal. Rules of Court
3.1362(e).
The Court orders Counsel to give
notice of the Court’s ruling within five days of this Court’s order.