Judge: Lynette Gridiron Winston, Case: 22PSCV00145, Date: 2025-06-17 Tentative Ruling

Case Number: 22PSCV00145    Hearing Date: June 17, 2025    Dept: 6

CASE NAME:  Tu Cheng Tsai & Hsieh Y. Tsai Trustees of the Tsai Family Trust v. Kevin Chu, et al. 

Motions of Vincent Y. Lin to be Relieved as Counsel for Defendants Kevin Chu & Associates and Evergreen Tree & Disposal Services, LLC 

TENTATIVE RULING 

The Court summarily DENIES the motions of Vincent Y. Lin to be relieved as counsel for Defendants Kevin Chu & Associates and Evergreen Tree & Disposal Services, LLC, without prejudice. 

             Counsel is ordered to give notice of the Court’s ruling within five calendar days of this order. 

BACKGROUND 

This is a rental dispute. On February 14, 2022, plaintiff Tu Cheng Tsai & Hsieh Y. Tsai Trustees of the Tsai Family Trust (Plaintiff) filed this action. On January 16, 2024, Plaintiff filed this action against defendants Kevin Chu, Roger Chui a.k.a. Cheng H. Chui, Kevin Chu & Associates, Evergreen Tree Service, LLC, Evergreen Tree & Disposal Services, LLC (collectively, Defendants) and Does 1 through 20, alleging causes of action for breach of written contract, breach of oral contract, negligence, waste, civil conspiracy, alter ego, and unjust enrichment. 

On May 23, 2025, Vincent Y. Lin of Law Offices of Vincent Y. Lin moved to be relieved as counsel for Defendants Kevin Chu & Associates and Evergreen Tree Service, LLC. The motions are 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.)

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).) 

DISCUSSION 

Vincent Y. Lin of Law Offices of Vincent Y. Lin (Counsel) seeks to be relieved as counsel for Defendants Kevin Chu & Associates and Evergreen Tree Service, LLC on the grounds that there has been a breakdown in the attorney-client relationship. (Lin Decls., ¶ 2.)[1] This is a proper basis for withdrawal. A breakdown in the attorney-client relationship is grounds for allowing the attorney to withdraw. (Estate of Falco (1987) 188 Cal.App.3d 1004, 1014.) Grounds for permitting an attorney to withdraw from representation also include the client’s conduct that, “renders it unreasonably difficult for the lawyer to carry out the representation effectively[.]” (Rules of Professional Conduct, rule 1.16, subd. (b)(4).) Counsel has also submitted the notice of motion and motion, declaration, and proposed order on Judicial Council forms MC-051, MC-052, and MC-053. (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).) 

However, the Court notes that Counsel’s motions are untimely. Counsel mail served these motions on May 23, 2025. For the June 17, 2025 hearing date, the deadline to file and serve these motions was May 19, 2025. (Code Civ. Proc., § 1005, subd. (b).) The Court therefore lacks jurisdiction to consider these motions. (See Harris v. Board of Ed. of City and County of San Francisco (1957) 152 Cal.App.2d 677, 680 [“where the trial court lacks jurisdiction to make the order, as in a situation where requisite notice has not been given to the plaintiff, it may be vacated by that court at any time thereafter”]; Svistunoff v. Svistunoff (1952) 108 Cal.App.2d 638, 641 [“A sufficient notice of the hearing not having been given, the order was void”].) 

            Also, the Court notes that Counsel’s supporting declarations and proposed orders fail to include the hearing information for the Order to Show Cause regarding the corporate Defendants’ failure to retain counsel currently scheduled for June 25, 2025. (See Lin Decls., ¶ 5; Proposed Orders, ¶ 8.) The declarations and proposed orders also do not provide the full location information for the future hearings. (See Lin Decls., ¶ 4; Proposed Orders, ¶ 8.) 

            Based on the foregoing, the summarily DENIES the motions without prejudice. 

CONCLUSION 

The Court summarily DENIES the motions of Vincent Y. Lin to be relieved as counsel for Defendants Kevin Chu & Associates and Evergreen Tree & Disposal Services, LLC, without prejudice. 

             Counsel is ordered to give notice of the Court’s ruling within five calendar days of this order.