Judge: Lee W. Tsao, Case: 23NWCV00129, Date: 2023-05-17 Tentative Ruling

Case Number: 23NWCV00129    Hearing Date: May 17, 2023    Dept: C

Hernandez v. Zen Hotspot Massage, Et Al.

CASE NO.: 23NWCV00129

HEARING:  5/17/23 @ 1:30 PM

#10

TENTATIVE RULING

Ronald Norman’s motion to be relieved as counsel is GRANTED.

Defendant’s counsel, Ronald Norman moves to be relieved as counsel for Zen Hotspot Massage Corporation.

Good cause exists to grant the motion based on any of the grounds under Rules of Professional Conduct Rule 3-700(C). Rule 3-700(c) provides that an attorney may withdraw based on any of the following: (1) The client (a) insists upon presenting a claim or defense that is not warranted under existing law and cannot be supported by good faith argument for an extension, modification, or reversal of existing law, or (b) seeks to pursue an illegal course of conduct, or (c) insists that the member pursue a course of conduct that is illegal or that is prohibited under these rules or the State Bar Act, or (d) by other conduct renders it unreasonably difficult for the member to carry out the employment effectively, or (e) insists, in a matter not pending before a tribunal, that the member engage in conduct that is contrary to the judgment and advice of the member but not prohibited under these rules or the State Bar Act, or (f) breaches an agreement or obligation to the member as to expenses or fees. (2) The continued employment is likely to result in a violation of these rules or of the State Bar Act; or (3) the inability to work with co-counsel indicates that the best interests of the client likely will be served by withdrawal; or (4) The member's mental or physical condition renders it difficult for the member to carry out the employment effectively; or (5) The client knowingly and freely assents to termination of the employment; or (6) The member believes in good faith, in a proceeding pending before a tribunal, that the tribunal will find the existence of other good cause for withdrawal. 

The attorney declaration demonstrates good cause for withdrawal based on a breakdown in the attorney-client relationship.  The client was served by mail at their last known addresses, which were confirmed to be current within the past 30 days.  The motion is GRANTED. The order shall take effect when the proofs of service of the signed order on the clients have been filed with the court. 

The court notes that Defendant Zen Hotspot Massage filed a substitution of attorney on April 5, 2023, which substituted itself for counsel Ronald Norman. However, such substitution is void because Defendant Zen Hotspot Massage, a corporation, cannot represent itself. (Thomas G. Ferruzzo, Inc. v. Superior Court (1980) 104 Cal.App.3d 501, 503.)  A corporation that does not obtain counsel within a reasonable period of time after previous counsel’s motion to withdraw has been granted “risks forfeiture of its rights through non-representation.” (Id.)