Judge: Michael P. Linfield, Case: 23STCV20577, Date: 2024-04-10 Tentative Ruling

Case Number: 23STCV20577    Hearing Date: April 10, 2024    Dept: 34

SUBJECT:        Motion to be Relieved as Counsel

Moving Party: Plaintiff’s Counsel Kapin PLLC

Resp. Party:    None

The Motion to be Relieved as Counsel is GRANTED.

BACKGROUND:

On August 28, 2023, Plaintiff Hightimes Holding Corp. filed its Complaint against Defendants John Jezzini, Elevate Capital Investments, LLC, and Elevate Capital Holdings, Inc. on causes of action of intentional interference with existing contract and intentional interference with prospective economic relations.

On October 5, 2023, Defendants separately filed their respective Answers to the Complaint.

        On March 18, 2024, Plaintiff’s Counsel Kapin PLLC filed: (1) MC-051, Motion to be Relieved as Counsel; (2) MC-052, Declaration; and (3) MC-053, Proposed Order.

No opposition or other response has been filed to the motion.

ANALYSIS:

I.          Legal Standard

“The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: 1. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; 2. Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.” (Code Civ. Proc., § 284.)

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.)

I.          Discussion

Counsel’s Motion to be Relieved as Counsel complies with all of the requirements of California Rules of Court, rule 3.1362, in that Counsel provided notice of motion and motion to be relieved as counsel; proposed order granting attorney’s motion to be relieved as counsel; and declaration in support of the motion to be relieved as counsel.

The declaration only states that Plaintiff and Plaintiff’s Counsel have irreconcilable differences. (MC-052, Item 2.) The motion states that the specific facts are confidential and required to be kept confidential. (MC-051, Item 3.)

There is a significant risk of prejudice to Plaintiff by the proposed withdrawal. 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.)

        However, trial is scheduled for nine months from now. Plaintiff has ample time to find new counsel if it wishes to continue prosecuting this matter.

II.       Conclusion

The Motion to be Relieved as Counsel is GRANTED.