Judge: Malcolm Mackey, Case: 21STCV21455, Date: 2022-09-02 Tentative Ruling
Case Number: 21STCV21455 Hearing Date: September 2, 2022 Dept: 55
JAIME
MORENO, et al. v. ROYCE CLAYTON, et al. 21STCV21455
Hearing Date: 9/2/22,
Dept. 55
#8:
MOTION TO BE RELIEVED AS
COUNSEL.
MOTION TO BE RELIEVED AS
COUNSEL.
Notice: Okay
No
Opposition
MP:
Cultiva Law, PLLC, counsel of record for
plaintiffs JAIME MORENO and CA MARIJUANA CO.
RP:
Summary
On 12/6/21, plaintiffs filed a First Amended Complaint,
alleging that the defendants misappropriated ownership of plaintiffs’ business “California
Marijuana Company,” after making misrepresentations and by using false
instruments.
Jury trial is set for 3/20/23.
MP
Positions
Moving counsel requests an order allowing withdrawal
as counsel of record for plaintiffs, on grounds including the following:
·
A conflict of interest arose, as to which
withdrawal is mandatory.
Tentative
Ruling
Both motions are granted.
Procedurally, the form notices, declarations, proposed
orders, and proofs of service are sufficiently in compliance. See CRC Rule 3.1362.
Additionally, moving counsel’s declarations show
cognizable grounds for withdrawal:
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.