Judge: Michael P. Linfield, Case: 22STCV16119, Date: 2023-05-09 Tentative Ruling
Case Number: 22STCV16119 Hearing Date: May 9, 2023 Dept: 34
SUBJECT: Motion to be
Relieved as Counsel
Moving Party: Plaintiff’s
Counsel George Knopfler, Kenneth A. Kotarski, Hamrick & Evans, LLP
Resp. Party: None
The Motion to be Relieved as Counsel is GRANTED.
BACKGROUND:
On May 13, 2022,
Plaintiffs Forward Westwood, Inc., Forward Calabasas, Inc., Joseph Sacavitch,
Edward Krifcher, and Paul Morris filed their Complaint against Defendant Meny
A. Atias regarding various causes of action arising from the Parties’ business
relationship.
On July 12,
2022, Defendant/Cross-Complainant Meny A. Atias filed: (1) Answer to the
Complaint; and (2) Cross-Complaint against Plaintiffs/Cross-Defendants Forward
Westwood, Inc., Forward Calabasas, Inc., Paul Morris, Edward Krifcher, and
Joseph Sacavitch.
On August 15,
2022, Plaintiffs/Cross-Defendants filed their Answer to the Cross-Complaint.
On March 10,
2023, Plaintiffs/Cross-Defendants’ Counsel (George Knopfler, Kenneth A.
Kotarski, and Hamrick & Evans, LLP) filed: (1) MC-051, Motion to be Relieved
as Counsel; (2) MC-052, Declaration; and (3) MC-053, Proposed Order.
On May 2,
2023, Plaintiffs/Cross-Defendants’ Counsel filed their Notice of No Opposition.
ANALYSIS:
I.
Legal Standard
An attorney moving to be relieved as counsel under California Code of
Civil Procedure section 284(2) must meet the requirements set out in California
Rules of Court, rule 3.1362.
To comply with rule 3.1362, the moving party must submit the following
forms: (1) Notice of Motion and Motion to be Relieved as Counsel; (2)
Declaration in Support of Attorney's Motion to be Relieved as Counsel; and (3)
Order Granting Attorney's Motion to be Relieved as Counsel. (Cal. Rules of
Court, rule 3.1362(a), (c), (e).)
The moving party must serve the aforementioned forms on the client and
all other parties who have appeared in the case. (Cal. Rules of Court, rule
3.1362(d).) Further, when the client is served by mail, the attorney's
declaration must show that the client's address was confirmed within the last
30 days and how it was confirmed. (Id.)
Absent a showing of resulting prejudice, an attorney’s request for
withdrawal should be granted. (People
v. Prince (1968) 268 Cal.App.2d 398, 406.)
II.
Discussion
Counsels’ Motion to be Relieved as Counsel complies with the
requirements of California Rules of Court, rule 3.1362.
The declaration states: (1) that Plaintiffs/Cross-Defendants have
breached their Counsels’ materials terms and obligations relating to the
representation, despite reasonable warning that Counsel would withdraw if the
obligations were not performed; and (2) that Plaintiffs/Cross-Defendants’ other
conduct is rendering the representation unreasonably difficult. (Decl., Item
2.)
It is possible that Plaintiffs/Cross-Defendants
would be prejudiced if their Counsel is allowed to leave the representation. Aside from narrow exceptions such as in
small claims court, the California Supreme Court has long held that
corporations cannot represent themselves in propria persona. (Merco
Constr. Eng’rs, Inc. v. Mun. Ct. (1978) 21 Cal.3d.724, 730.) The risk of
prejudice is somewhat less for the individual Plaintiffs/Cross-Defendants.
However, the
trial court may allow a corporation’s attorney to withdraw from representation,
even if that would leave the corporation without representation. (Ferruzzo v. Super. Ct. (1980) 104 Cal.App.3d 501, 504.) “For the uncooperative corporate client who has not been
willing to bring in new counsel, granting of the withdrawal motion will put
extreme pressure on it to obtain new counsel of record for should it fail to do
so it risks forfeiture of its rights through nonrepresentation.” (Id.)¿
Trial is more than five months after the
hearing on this motion. That is sufficient time for all
Plaintiffs/Cross-Defendants to obtain new counsel. In addition, the Court notes
the lack of opposition to the Motion.
The Court GRANTS the Motion to
be Relieved as Counsel.
III. Conclusion
The Motion to be Relieved as Counsel is GRANTED.