Judge: Matthew C. Braner, Case: 37-2023-00014246-CU-OR-CTL, Date: 2024-03-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 21, 2024

03/22/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2023-00014246-CU-OR-CTL INNVANTAGE GROUP INC VS BRANCH [IMAGED] CAUSAL DOCUMENT/DATE FILED:

The motion to be relieved as counsel submitted by counsel for Plaintiff InnVantage Group, Inc.

(attorneys David Schneider and Michael Branch) is GRANTED.

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 Schneider sufficiently explained in his declaration in general terms and without breaking attorney-client privilege why the motion to be relieved as counsel should be granted. Due to Plaintiff's bankruptcy situation, this case is stayed and no trial date is set; thus, Plaintiff will not be prejudiced if the court grants the requested relief. Attorneys Schneider and Branch have 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.) Plaintiff InnVantage Group, Inc. 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).) Attorneys Schneider and Branch and their law firm, Schneider & Branch, 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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