Judge: Nathan Vu, Case: 2021-01206072, Date: 2022-11-14 Tentative Ruling

Please Note: The hearing on this matter is scheduled for 8:30 A.M.

Motion to Be Relieved as Counsel

Attorneys Farhad Novian’s, Sean Bozarth’s, and Novian & Novian LLP’s motion to be relieved as counsel is DENIED without prejudice.

Attorneys Farhad Novian, Sean Bozarth, and Novian & Novian LLP (Moving Counsel) move to be relieved as counsel for Defendant Retrolock Corporation.

“The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination . . . [u]pon the order of the court, upon the application of either client or attorney, after notice from one to the other.” (Code Civ. Proc., § 284.)

However, the court may deny a motion to be relieved as counsel where discharging counsel would result in “prejudice to the defendant or in an unreasonable disruption of the orderly processes of justice.” (People v. Ortiz (1990) 51 Cal.3d 975, 979; see also Ramirez vs. Sturdevant (1994) 21 Cal.App.4th 904, 915 [attorney may withdraw from case when “withdrawal can be accomplished without undue prejudice to the client’s interests.”].)

Here, the matter is set a jury trial on 12/12/2022. Defendant would be unduly prejudiced in its ability to prepare for and try the case when its counsel seeks to withdraw less than 30 days before trial. Furthermore, this would cause an unreasonable disruption of the orderly processes of justice as two unrepresented parties would have to conduct a jury trial on less than 30 days notice.

The prejudice to Defendant is further exacerbated by the fact that Defendant is a corporation and cannot represent itself. (See Gamet v. Blanchard (2001) 91 Cal.App.4th 1276, 1284 n.5.) Thus, Defendant will have to obtain representation in less than 30 days or risk forfeiting important rights including a potential striking of its answer and default.

While this prejudice might have been mitigated by continuing the jury trial, Moving Counsel have not requested a continuance nor is there any indication that Plaintiff Lori Chipps has agreed to such a continuance.

Moving Counsel shall give notice of this ruling.