Judge: Malcolm Mackey, Case: 21STCV46462, Date: 2023-05-11 Tentative Ruling

Case Number: 21STCV46462    Hearing Date: May 11, 2023    Dept: 55

DUPUIS v. RAVNER,                                                           21STCV46462

Hearing Date:  5/11/23,  Dept. 55.

#8:   MOTION TO BE RELIEVED AS COUNSEL OF RECORD.

Notice:  Okay

Opposition

MP: Counsel Robins Kaplan LLC, of record for Defendant Marc Ravner.

RP:  Plaintiffs

Summary

On 12/21/21, Plaintiff filed a Complaint alleging that, starting on 4/1/21, defendants failed to pay plaintiff rent, and have defaulted under the Lease Agreement, and about August, 2021, defendants vacated the property at 16401 Mulholland Drive, Los Angeles.

The causes of action are:

1.      BREACH OF WRITTEN LEASE;

2.      ACCOUNT STATED;

3.      MONEY HAD AND RECEIVED.

MP Positions

Counsel moves to be relieved as defense attorney of record, based upon a form declaration evidencing:

·         There has been a breakdown between counsel and Defendant as client that threatens compliance with the Rules of Professional Responsibility.

·         More details could be provided in camera.

RP Positions

Opposing party advocates obtaining a telephone number and an email address for defendant, for reasons including the following:

·         Plaintiff needs an order that defendant can be served with pleadings, discovery, etc. at the email address and a physical address for defendant.

Tentative Ruling

The motion is granted.

Procedurally, the form notice, declaration, and proof of service are sufficiently in compliance.  See  CRC Rule 3.1362.

Additionally, moving counsel’s declaration shows cognizable grounds for withdrawal:

• Breakdown in the attorney-client relationship (or personality clash).  Estate of Falco v. Decker (1987) 188 Cal.App.3d 1004, 1014.
• The member knows or should know that continued employment could result in violation of these rules or of the State Bar Act.  Rules Prof. Conduct, Rule 1.16.

Further, the opposing papers do not object to the attorney withdrawal.  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. Ct. (2003) 112 Cal. App. 4th 1161, 1173.  See also  Jones v. Green (1946) 74 Cal. App. 2d 223, 230.

Moving counsel can request an in camera hearing for furnishing further details as to whether a motion to withdraw should be granted.   Manfredi & Levine v. Sup. Ct. (1998) 66 Cal. App. 4th 1128, 1136.

*IF BOTH PARTIES WOULD LIKE TO SUBMIT ON THE COURT’S TENTATIVE RULING, PLEASE CALL 213-633-0655*