Judge: Mark H. Epstein, Case: 21SMCV00370, Date: 2023-09-05 Tentative Ruling

Case Number: 21SMCV00370    Hearing Date: February 28, 2024    Dept: I

The case is here for two reasons: a motion to be relieved as counsel and an OSC re: Sanctions.  However, the court is informed that the defendant has filed for bankruptcy in New York.  The court has reviewed the declarations by both counsel.  Counsel for defendant confirms that there is a bankruptcy action.  Counsel states that a notice of bankruptcy stay has been filed, but the court has not seen it.  Defense counsel also states that the Bankruptcy Court has lifted the stay for the sole purpose of allowing this court to rule on the motion to be relieved as counsel.  The court has not seen that order either.  The court will ask defense counsel to repeat those comments under oath so that there is a proper basis for the court’s (a) lack of jurisdiction generally; and (b) actual jurisdiction to rule on the motion to withdraw.  Assuming that is done, the court will GRANT the motion to be relieved as counsel.  The OSC re: Sanctions is discharged in that the court lacks jurisdiction to consider it.