Judge Michael E. Whitaker, Case Number: 24SMCV01122, Date: 2024-06-24 Tentative Ruling

Judge: Michael E. Whitaker, Case: 24SMCV01122, Date: 2024-06-24 Tentative Ruling

Robert Schachter of Hitchcock, Bowan & Schachter (“Counsel”), former counsel for Defendant Chanda Zaveri aka Chanda C. Bhuwalka (“Defendant”) moves to withdraw the answer Counsel filed on behalf of Defendant. Counsel contends that due to a miscommunication between Counsel and Defendant, Counsel did not have Defendant’s authorization to represent Defendant or file the Answer on Defendant’s behalf.

Plaintiff California Lawyers Group, LLP (“Plaintiff”) opposes the motion on the grounds that the factual recitations in Counsel’s declaration demonstrate that Counsel did have the Defendant’s authority to represent Defendant and file the Answer on Defendant’s behalf. Therefore, Plaintiff contends that Defendant’s remedies are limited to amending the answer and seeking a substitution of attorney.

Here, the Court finds that a substitution of attorney was filed on May 30, 2024, substituting the Law Office of Joseph Bakhos as counsel for Defendant.

Consequently, the Court determines that Counsel’s representation of Defendant has been discharged and therefore Counsel lacks standing to prosecute the instant motion. (See 1 Witkin, Cal. Proc. (6th ed. 2021) Attorneys, § 76, p. 112 [“The representation by an attorney in pending litigation may terminate by operation of law, withdrawal, or discharge”]; see also In re Marriage of Read (2002) 97 Cal.App.4th 476, 480 [the attorney-client relationship terminated upon the discharge of the attorneys “for all purposes except the winding-up of the relationship”], emphasis added.) [1] On that basis, the Court denies Counsel’s motion as procedurally defective.

[1] “The concept of justiciability involves the intertwined criteria of ripeness and standing. Standing derives from the principle that every action must be prosecuted in the name of the real party in interest. A party lacks standing if it does not have an actual and substantial interest in, or would not be benefited or harmed by, the ultimate outcome of an action. Standing is a function not just of a party's stake in a case, but the degree of vigor or intensity with which the presents its arguments. Ripeness refers to the requirements of a current controversy. According to the Supreme Court, an action not founded upon an actual controversy between the parties to it, and brought for the purpose of securing a determination of a point of law will not be entertained. A controversy becomes ripe once it reaches, but has not passed, the point that the facts have sufficiently congealed to permit an intelligent and useful decision to be made.” (City of Santa Monica v. Stewart (2005) 126 Cal.App.4th 43, 59 [cleaned up].)

DEPARTMENT	207
HEARING DATE	June 24, 2024
CASE NUMBER	24SMCV01122
MOTION	Withdraw Answer
MOVING PARTY	Defendant Chanda Zaveri aka Chanda C. Bhuwalka
OPPOSING PARTY	Plaintiff California Lawyers Group, LLP