Judge: Matthew C. Braner, Case: 37-2022-00045884-CU-BC-CTL, Date: 2023-11-09 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - November 08, 2023

11/09/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00045884-CU-BC-CTL TAQUERIA EL POBLANO LLC VS MARISCOS AND STREET TACOS INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Attorney Douglas Cleary's motions to be relieved as counsel are conditionally GRANTED.

California Rules of Court, rule 3.1362(c), requires an attorney to declare the grounds for withdrawing 'in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1).' The determination whether to grant or deny a motion to withdraw as counsel is within the sound discretion of the trial court. (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133; Mandell v. Superior Court (1977) 67 Cal.App.3d 1, 4.) An attorney may withdraw from a case if withdrawal can be accomplished without undue prejudice to the client's interests.

(Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) Here, attorney Cleary sufficiently explained in his declaration in general terms why the motion to be relieved as counsel should be granted and why a motion under Code of Civil Procedure section 284(2) was brought instead of filing a consent under section 284(1). The potential for unfair prejudice to Defendants Mariscos and Street Tacos, Inc., Mariscos and Street Tacos, LLC, Tiajuana Gastronomic Group, Inc., Taqueria Tiajuana, Carlos Robles, Margarita Robles, Karla Robles is minimal, given the circumstances surrounding the need for these motions (i.e., non-cooperation and communication with counsel, and failure to pay agreed upon fees), Defendants' decisions not to oppose any of the motions, and that there is still sufficient time before trial to secure alternative counsel, assuming Defendants have not abandoned their defense of the case. Attorney Cleary has otherwise complied with the applicable procedural requirements and thus, the motion to be relieved as counsel is conditionally granted.

The ban on corporate self-representation also does not prevent the court from granting a motion to withdraw as attorney of record, even if it leaves the corporation without representation. 'Such an order puts pressure on the corporation to obtain new counsel or risk forfeiting important rights through nonrepresentation.' (Gamet v. Blanchard (2001) 91 Cal.App.4th 1276, 1284, fn. 5.) Defendants Mariscos and Street Tacos, Inc., Mariscos and Street Tacos, LLC, Tiajuana Gastronomic Group, Inc., and Taqueria Tiajuana, and their representatives, are advised of the necessity to be represented by an attorney. (Ibid.) Counsel is directed to provide a revised form order for the court's signature that includes the parties appearing at the hearing. Within five court days of entry of the signed revised form order, counsel shall then serve: (1) notice of this ruling; and (2) the signed form order on all parties. (Cal. Rules of Ct., rule 3.1362, subd. (e).) Attorney Douglas Cleary and his law firm, the Law Office of Douglas A. Cleary, will be Calendar No.: Event ID:  TENTATIVE RULINGS

3030471  12 CASE NUMBER: CASE TITLE:  TAQUERIA EL POBLANO LLC VS MARISCOS AND STREET TACOS  37-2022-00045884-CU-BC-CTL relieved as counsel as of the date the proof of service of this order and the signed form order is filed with the court. (Ibid.) Calendar No.: Event ID:  TENTATIVE RULINGS

3030471  12