Judge: Lynette Gridiron Winston, Case: 21PSCV00740, Date: 2023-10-02 Tentative Ruling
Case Number: 21PSCV00740 Hearing Date: November 1, 2023 Dept: 6
CASE NAME: CA Flooring Wholesalers Inc v. RDD Freight Int’l (LA) Inc., et al.
Plaintiff’s Counsel’s Motion to be Relieved as Counsel
TENTATIVE RULING
The Court GRANTS the motion to be relieved as counsel. Counsel must submit a corrected proposed order (Form MC-053) addressing the issues identified herein. Following the Court’s signing of the corrected proposed order, it will become effective upon Counsel filing proof of service of same upon Plaintiff.
Counsel is ordered to give notice of this ruling and file proof of service of same within five calendar days.
BACKGROUND
This is a breach of contract action. On September 8, 2021, Plaintiff CA Flooring Wholesalers Inc. (Plaintiff) filed this action against Defendants RDD Freight Int’l (LA) Inc., Lang Zhang (collectively, Defendants), and Does 1 through 10, alleging causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, conversion, trespass to chattel, replevin, bailment, and unfair business practices.
On October 6, 2023, Connor M. Trafton, of Keesal, Young & Logan, counsel for Plaintiff, filed a motion to be relieved as counsel. The motion is unopposed.
LEGAL STANDARD
The Court has discretion to allow an attorney to withdraw, and such a motion should be granted, provided that there is no prejudice to the client, and it does not disrupt the orderly process of justice. (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398, 403-407.)
An application 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(d).)
DISCUSSION
Connor M. Trafton, of Keesal, Young & Logan (Counsel), seeks to be relieved as counsel for Plaintiff. Counsel contends there has been a deterioration of the attorney-client relationship. (Trafton Decl., ¶ 2.) The Court finds this to be sufficient grounds for withdrawal. (Cal. Rules of Professional Conduct, rule 1.16, subd. (b)(4); Estate of Falco (1987) 188 Cal.App.3d 1004, 1014.) Counsel has provided the required Judicial Council forms plus proofs of service of same on Plaintiff. (MC-051, MC-052, and MC-053.)
The Court notes a couple of issues with the declaration, namely that it does not specify the time or place for the OSC re Status of Plaintiff’s Counsel on January 9, 2024 or the non-jury trial on March 4, 2024. (MC-052, ¶¶ 4, 6.) However, the proposed order does specify the time and place for those hearings. (MC-053, ¶¶ 7, 9.) The Court notes that paragraphs 3 through 6 of the proposed order are also incomplete, but this can be remedied by Counsel submitting a corrected proposed order addressing the issues identified herein.
The Court will grant the motion, but Counsel must submit a corrected proposed order (Form MC-053) addressing the issues identified herein.
CONCLUSION
The Court GRANTS the motion to be relieved as counsel. Counsel must submit a corrected proposed order (Form MC-053) addressing the issues identified herein. Following the Court’s signing of the corrected proposed order, it will become effective upon Counsel filing proof of service of same upon Plaintiff.
Counsel is ordered to give notice of this ruling and file proof of service of same within five calendar days.
