Judge: Malcolm Mackey, Case: 22STCV34350, Date: 2023-08-10 Tentative Ruling

Case Number: 22STCV34350    Hearing Date: August 10, 2023    Dept: 55

WATERS, LLC v. YOON HEE YEH,                                                        22STCV34350

Hearing Date:  8/10/23,  Dept. 55.

#9:   MOTION TO BE RELIEVED AS ATTORNEY OF RECORD (Kyeung Suk Yeh)

        MOTION TO BE RELIEVED AS ATTORNEY OF RECORD (Yoon Hee Yeh)

Notice:  Okay

No Opposition

MP:  Attorney Edward Chong, counsel of record for defendants.

RP:  

Summary

On 10/26/22, plaintiffs filed a Complaint for Breach of Personal Guaranty,

alleging that they are lessors under a commercial lease, as to a restaurant in Korea Town at 100 South Western Avenue, Los Angeles, and defendants personally guaranteed all payments due under the lease, but the tenant breached the lease by failing to make the payments due.

MP Positions

Counsel moves to be relieved as attorney of record, based upon declarations evidencing:

·         The clients refuse to follow their attorney’s advice and counsel.

·         There has been a resulting complete breakdown in communication between declarant and these clients.

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:

• Breakdown in the attorney-client relationship (or personality clash).  Estate of Falco v. Decker (1987) 188 Cal.App.3d 1004, 1014.
• Client by conduct renders it unreasonably difficult for the member to carry out the employment effectively (e.g., noncooperation or noncommunication).  Rules Prof. Conduct, Rule 1.16(b)(4).  Cf.  Estate of Falco (1987) 188 Cal. App. 3d 1004, 1020 (“We find no abuse of discretion in the trial court's implicit finding rejecting the contention that respondents' lack of cooperation justified appellants' 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. Ct. (2003) 112 Cal. App. 4th 1161, 1173.  See also  Jones v. Green (1946) 74 Cal. App. 2d 223, 230.