Judge Lee W. Tsao, Case Number: VC065860, Date: 2023-10-11 Tentative Ruling

Judge: Lee W. Tsao, Case: VC065860, Date: 2023-10-11 Tentative Ruling

Case Number: VC065860 Hearing Date: October 11, 2023 Dept: C

Everbank Commerical Finance v. love freightways

CASE NO.: VC065860

HEARING: 10/11/23 @ 9:30 AM

Defendant’s counsel’s Motion to be Relieved as Counsel is DENIED without prejudice. If Defendant’s counsel wishes to supplement his declaration, the court will hear from him ex parte at the hearing.

The Law Offices of Akudinobi & Ikonte to give NOTICE.

Defendant’s counsel, Chijioke Ikonte of the Law Offices of Akudinobi & Ikonte, moves to be relieved as counsel for Defendant, Lovre Nemanja (Defendant).

Background

This is a breach of contract action filed by Plaintiff, Everbank Commercial Finance, Inc. against Defendants Love Freightways, Inc, Nemanja Lovre, and Ana Maksimovic. The Complaint was filed on October 12, 2016. A Trial Setting Conference is scheduled for November 27, 2023.

Discussion

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. An attorney may request to withdraw from representation of a corporate client. (Thomas G. Ferruzzo, Inc. v. Superior Court (1980) 104 Cal.App.3d 501, 504.)

The attorney declaration indicates there has been an irreparable breakdown of the attorney-client relationship, but no details are provided due to the privileged nature of the communications. Given the age of the case, the court will not grant the motion to withdraw without a more specific factual showing. If Defendant’s counsel wishes to supplement his declaration, the court will hear from him ex parte at the hearing.

Accordingly, the motion is DENIED without prejudice.