Judge: Lynette Gridiron Winston, Case: 23PSCV01590, Date: 2024-01-24 Tentative Ruling

Case Number: 23PSCV01590    Hearing Date: January 25, 2024    Dept: 6

CASE NAME:  Xchange USA Inc. v. MEG Home Plus, LLC, et al. 

Motion to be Relieved as Counsel for Defendant Jing Li 

TENTATIVE RULING

The motion to be believed as counsel is DENIED without prejudice. 

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 May 26, 2023, plaintiff Xchange USA Inc. (Plaintiff) filed this action against defendants MEG Home Plus, LLC, Jie Li, Cynthia Li, Jing Li (Jing) (collectively, Defendants), and Does 1 to 25, alleging causes of action for breach of contract, common count: open book account, and declaratory relief. 

On December 22, 2023, Matt Putterman of Putterman Law, APC filed a motion to be relieved as counsel for Defendant Jing. 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.) 

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

Matt Putterman of Putterman Law, APC (Counsel) seeks to be relieved as counsel for Defendant Jing. Counsel contends Jing has breached the retainer agreement and that there has been a breakdown in the attorney-client relationship. (Putterman Decl., ¶ 2.) 

The Court finds this to be proper grounds for withdrawal. Grounds for permitting an attorney to withdraw from representation include the client’s conduct that “renders it unreasonably difficult for the lawyer to carry out the representation effectively[.]” (Cal. Rules of Professional Conduct, rule 1.16, subd. (b)(4).) A breakdown in the attorney-client relationship is also grounds for allowing the attorney to withdraw. (Estate of Falco (1987) 188 Cal.App.3d 1004, 1014.) 

            However, Counsel failed to file Judicial Council Form MC-053, i.e., the proposed orders, with the moving papers and thereby failed to comply with Rule 3.1362, subdivision (e), of the California Rules of Court. (Cal. Rules of Court, rule 3.1362, subd. (e) [“The proposed order relieving counsel must be prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel--Civil (form MC-053) and must be lodged with the court with the moving papers.”]) Counsel’s declaration also fails to provide the time and place for the Case Management Conference on February 29, 2024. (Putterman Decls., ¶ 4.) 

Therefore, the Court DENIES the motion without prejudice. 

CONCLUSION

The motion to be relieved as counsel is DENIED without prejudice.

Counsel is ordered to give notice of this ruling and file proof of service of same within five calendar days.