Judge: Matthew C. Braner, Case: 37-2022-00051537-CU-OE-CTL, Date: 2024-03-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 29, 2024

03/01/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2022-00051537-CU-OE-CTL STAMPS VS SHARMA [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Attorney Norman D. Grissom of the Law Offices of Norman David Grissom's motion to be relieved as counsel is 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 Grissom 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). Trial is currently set for June 2024, leaving Defendants Pratiksha Sharma, Vinay Sharma, and Gaur & Gaur enough time to secure new counsel before trial. Attorney Grissom 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.) Defendant Gaur & Gaur dba Subway and its 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 Grissom and his law firm, the Law Offices of Norman David Grissom, will be 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

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