Judge: Maren Nelson, Case: 22STCV14367, Date: 2023-09-18 Tentative Ruling

Case Number: 22STCV14367    Hearing Date: September 18, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Attorney Jae Kim’s motions to be relieved as counsel are DENIED.

Legal Standard

Motions to withdraw are routinely granted if made in the proper form and presented with proper notice. The court may issue an order allowing an attorney to withdraw from representation, after notice to the client.  (Code Civ. Proc., § 284(2).) 

Discussion

Attorney Jae Kim brings two motions for relief as counsel as to Defendant Janet Lynne Saffari and Cross-Complainant Richard Saffari.  In his declaration, he explains that there have been “many conflicts and disagreements related to legal issues and the direction of this case,” and that the clients do not always acknowledge the non-applicability of certain legal issues. (See MC-052.)

Trial is set for 10/2/2023. Kim’s declaration does not offer any explanation as to why he has only just now, on the eve of trial, moved to be relieved, despite claiming that this conduct has been ongoing for many months. Moreover, Defendant’s contention that there are disagreements between him and his clients is insufficient to show that there has been an irreparable breakdown in the attorney-client relationship. In light of these facts, the risk of prejudice if Kim were relieved outweighs any potential prejudice if Kim is not relieved.

            The motions are DENIED.

It is so ordered.

Dated:  September    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.