Judge: Lynne M. Hobbs, Case: BC722308, Date: 2024-07-02 Tentative Ruling

Case Number: BC722308    Hearing Date: July 2, 2024    Dept: 61

NIKE USA INC VS 5860 WEST JEFFERSON LLC ET AL

TENTATIVE

The present motion pertain to attorneys James R. Evans, Jr. and Kaitlin H. Owens, of the firm Alston & Bird LLP, counsel for Defendants 5680 West Jefferson, LLC, 5860 West Jefferson I, LLC, and Samitaur Constructs. The motion is accompanied by a declaration of James R. Evans, who states that there has been a breakdown of communication with Defendants, and they have not paid fees and costs in many months. (Evans Decl. at p. 1.) Defendants have filed an opposition to the motion, arguing that they will suffer prejudice if counsel does not represent them through pending post-trial motions filed by Plaintiff Nike USA, Inc., currently set for hearing on July 12 and August 13, 2024.

The motion’s proposed order is not completed, and does not include a schedule of pending hearings in this case, although a notice of intent to move for new trial was filed on May 28, 2024, prior to the filing of the present motion on June 7, 2024. That motion for new trial was filed on the same date as the present motion to be relieved. Given the pending post-trial matters in this case, Defendants will be prejudiced by counsel’s withdrawal, as no other attorneys may be retained with similar knowledge of trial proceedings.

James R. Evans Jr. and Kaitlin H. Owen’s Motion to be Relieved as Counsel for Defendants 5860 West Jefferson, LLC is DENIED.

Clerk to give notice.