Superior Court of California¿ 

County of Los Angeles¿ 

Department 78¿ 

¿ 

 

Defendant Kreation Juicery Inc.’s (“Defendant”) attorney of record, Arash Sadat, Esq. of Mills Sadat Dowlat LLP (“Counsel”), moves to be relieved as counsel for Defendant. Counsel asserts that it has informed Defendant via email that Counsel can no longer represent it in this action, and that Defendant should retain new counsel since a business entity cannot appear in pro per. However, Defendant has not secured new counsel, necessitating the instant motion. 

Counsel declares he has served Defendant by mail at the last known address, which Counsel confirmed within the last 30 days as current through telephone. Counsel has filed proof of service of the motion, declaration, and proposed order on all parties to the action, including on Defendant. (California Rules Court, rule 3.1362(d).) 

However, the motion is denied without prejudice due to the impending trial date. 

Trial is currently set for August 19, 2024, which is approximately a little over one month after the instant hearing. Unlike their clients, attorneys do not have an absolute right to withdraw from representation at any time with or without cause. Even where grounds for termination exist, attorneys seeking to withdraw must comply with the procedures set forth in California Rule of Professional Conduct (CRPC) 3.700 and are subject to discipline for failure to do so. CRPC 3.700(B) lists various grounds for mandatory withdrawal, none of which are asserted here. 

An attorney's right to terminate the attorney-client relationship and withdraw from a case is not absolute. (See Vann v. Shilleh (1975) 54 Cal.App.3d 192, 197; People v. Prince (1968) 268 Cal.App.2d 398.) The decision whether to grant or deny an application for withdrawal is within the court's discretion, and it does not abuse that discretion by denying the application on the ground that the attorney's withdrawal would work injustice upon a third party. (Hodcarriers, Bldg. and Common Laborers Local Union No. 89 v. Miller (1966) 243 Cal.App.2d 391; Heple v. Kluge (1951) 104 Cal.App.2d 461.) 

 The rules have been liberally construed to protect clients. (Vann v. Shilleh, supra, 54 Cal.App.3d 192; Chaleff v. Superior Court (1977) 69 Cal.App.3d 721; Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) An attorney, either with client's consent or court's approval, may withdraw from case when withdrawal can be accomplished without undue prejudice to client's interests; however, an attorney “shall not withdraw from employment until the member has taken reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client, including giving due notice to the client, allowing time for employment of other counsel, complying with rule 3-700(D), and complying with applicable laws and rules.” (CRPC 3.700(A)(2).) A lawyer violates his or her ethical mandate by abandoning a client (Pineda v. State Bar (1989) 49 Cal.3d 753, 758 759), or by withdrawing at a critical point and thereby prejudicing the client’s case. (CRPC 3.700(A)(2); Vann v. Shilleh, supra.) 

Given that trial is set for approximately one month after the hearing on this matter, Plaintiff will be prejudiced if Counsel is permitted to withdraw. Absent a mandatory ground for relief, the motion will be denied without prejudice as to Counsel’s ability to re-file the motion if and when there is a trial continuance. 

However, if at the hearing on this motion, all parties agree to a trial continuance, the Court may consider a request to continue trial and to modify this tentative decision accordingly. 

 

Moving Counsel is ordered to give notice. 

 

DATED: July 11, 2024 

__________________________ 

Hon. Michelle C. Kim 

Judge of the Superior Court 

 

PLEASE TAKE NOTICE: 

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

• If a party intends to submit on this tentative ruling, the party must send an email to the court at SMCDEPT78@lacourt.org with the Subject line “SUBMIT” followed by the case number. The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting. 

• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument. You should assume that others may appear at the hearing to argue. 

• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court. After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.