Judge: Malcolm Mackey, Case: 20STCV25574, Date: 2023-01-20 Tentative Ruling
Case Number: 20STCV25574 Hearing Date: January 20, 2023 Dept: 55
MAYFLOWER
REMODELERS, INC. v. EZRA OZ OZER 20STCV25574
Hearing Date: 1/20/23,
Dept. 55
#6: MOTION TO BE RELIEVED AS ATTORNEY OF RECORD.
Notice: Okay
No
Opposition
MP:
Omar J. Yassin, counsel of record for Defendant VENICE BH 779, LLC, and former counsel
of record for Defendant EZRA OZ OZER who filed a substitution of attorney form
on 12/28/22.
RP:
Summary
On 7/8/20, plaintiffs, MAYFLOWER REMODELERS, INC. and
BUILDERS OF AMERICA, INC. filed a Complaint alleging that Defendant EZRA OZ
OZER fraudulently obtained SBA loans and additionally misappropriated funds
from MAYFLOWER and BUILDERS.
Claims are alleged for conversion, fraud, deceit,
intentional misrepresentation, negligence and accounting.
MP
Positions
Counsel moves to be relieved as attorney of record,
based upon a form declaration evidencing that there has been a complete
breakdown in the attorney-client relationship.
Tentative
Ruling
The motion is granted.
Procedurally, the form notice, declaration, proposed
order, and proof of service are sufficiently in compliance. See CRC Rule 3.1362.
Additionally, moving counsel’s declaration shows a cognizable
ground for withdrawal:
The corporation cannot substitute out as a
self-represented litigant. A substitution
of attorney form filed as to a corporation proceeding as a self-represented
litigant would be void. Johnson v.
Hayes Cal. Builders, Inc. (1963) 60 Cal.2d 572, 576.
Further, no opposing papers have been filed in order
to evidence any prejudice to the client.
See Rules Prof. Conduct, Rule 1.16(d).
“The determination whether to grant or deny an
attorney 's motion to withdraw as
counsel of record lies within the sound discretion of the trial court, having in mind whether such
withdrawal might work an injustice in the handling of the case.” Lempert v. Sup.