Judge: Mark A. Young, Case: 19SMCV00266, Date: 2023-02-10 Tentative Ruling

Case Number: 19SMCV00266    Hearing Date: February 10, 2023    Dept: M

CASE NAME:           Southland Publishing v. Culture Pub, Inc.

CASE NO.:                19SMCV00266

MOTION:                  Motion to be Relieved as Counsel

HEARING DATE:    02/10/2023

BACKGROUND

Theodore Spanos and BG Law move to be relieved as counsel for Defendant Hightimes Holding Corporation (“Defendant”).

Legal Standard

The Court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client, and it does not disrupt the orderly process of justice.  (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398.)  An application to be relieved as counsel must be made on Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order).  (Cal. Rules of Court, rule 3.1362(a), (c), (e).)  “The notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case.” (Cal. Rules of Court, rule 3.1362(d).)

“The [proposed] order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. If no hearing date is presently scheduled, the court may set one and specify the date in the order. After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (CRC Rule 3.1362(e) (emphasis added).)   The requisite forms must be served “on the client and on all parties that have appeared in the case.”  (Cal. Rules of Court, rule 3.1362(d).)  The required forms may be served “by personal service, electronic service, or mail.” (Cal. Rules of Court, rule 3.1362(d).)  In addition, “[i]f the notice is served on the client by electronic service under Code of Civil Procedure section 1010.6 and rule 2.251, it must be accompanied by a declaration stating that the electronic service address is the client's current electronic service address.” (Cal. Rules of Court, rule 3.1362(d)(2).)  Furthermore, as used in rule 3.162, “‘current’ means that the address was confirmed within 30 days before the filing of the motion to be relieved. Merely demonstrating that the notice was sent to the client's last known address and was not returned or no electronic delivery failure message was received is not, by itself, sufficient to demonstrate that the address is current . . ..’” (Cal. Rules of Court, rule 3.1362(d).)

ANALYSIS

Here, Counsel has satisfied the requirements of California Rules of Court, rule 3.1362 Counsel for Defendant has filed Judicial Council Form MC-051 (Notice of Motion and Motion), Form MC-052, and Form MC-053.  Counsel provides that there are irreconcilable differences between counsel and client.  (See Spanos Decl. Form MC 052.)  Since there is no prejudice to the client, the motion to be relieved as counsel is GRANTED.