Judge Peter A. Hernandez, Case Number: 22STCV31985, Date: 2023-08-23 Tentative Ruling

as Counsel is GRANTED [see contingency], effective upon the filing of the proof of service

showing service of the signed order upon the Client. An Order to Show Cause Re:

2. Counsel for Defendant Knotty Nuff Wood, Inc.’s (i.e., Buchalter) Motion to be Relieved

as Counsel is GRANTED [see contingency], effective upon the filing of the proof of service

showing service of the signed order upon the Client. An Order to Show Cause Re:

3. Counsel for Defendant Knotty Nuff Intuitive Builders, Inc.’s (i.e., Buchalter) Motion to

be Relieved as Counsel is GRANTED [see contingency], effective upon the filing of the proof

of service showing service of the signed order upon the Client. An Order to Show Cause

Plaintiff Luke Holden (“Plaintiff”) alleges as follows: On October 20, 2002, Plaintiff, while

working as an employee for Ryan Aguirre (“Aguirre”), Knotty Nuff Wood, LLC (“Knotty

LLC”), Knotty Nuff Wood, Inc. (“Knotty Inc.”) and Knotty Nuff Intuitive Builders, Inc.

(“Knotty Intuitive”), experienced a kickback event while cutting a piece of wood with the

On September 29, 2022, Plaintiff filed a complaint, asserting causes of action against Aguirre,

Knotty LLC, Knotty Inc., Knotty Intuitive, James B. Hodges Trust aka Jim Hodges Trust

(“Trust”), Foothill Financial, L.P. (“Foothill Financial”), Grizzly Industrial, Inc. (“Grizzly”) and

4. Unlawful Business Practices [California Business and Professions Code §§ 17200, et seq.]

On March 24, 2023, this case was reassigned from Department 28 of the Personal Injury Court to this instant department.

Buchalter (“Firm”) seeks to be relieved as counsel of record for Knotty LLC (“Client”).

The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398.)

California Rule of Court (“CRC”) Rule 3.1362 requires (1) a notice of motion and motion directed to the client (made on the Notice of Motion and Motion to Be Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure § 284(2) is brought instead of filing a consent under section 284(1) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion, the declaration, and the proposed order on the client and on all other parties who have appeared in the case; and (4) a proposed order relieving counsel (prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel—Civil form (MC-053)). The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court.

At the outset, the court notes that the Client is not listed on the accompanying proof of service. The following ruling, then, is contingent upon counsel providing the court with a proof of service reflecting Code of Civil Procedure § 1005, subdivision (b) compliant service of the motion and accompanying papers upon the Client at or before the time of the hearing.

Attorney Roger L. Scott (“Scott”) of Firm represents as follows: “Client has materially breached his engagement letter with counsel. The attorney-client relationship has deterioriated. Prior to bringing this motion, Counsel requested that Client voluntarily execute a substitution of counsel pursuant to CCP section 284(1); Client has not retained new counsel.”

Scott states that he has served the Client by mail at the Client’s last known address with copies of the motion papers served with this declaration and that he has confirmed within the past 30 days that the address is current, via email at knottynuffwood@gmail.com and via telephone.

Accordingly, the motion is granted, effective upon the filing of the proof of service showing service of the signed order upon the Client. The court will set an Order to Show Cause Re: Representation of LLC for October 10, 2023 at 10:00 a.m.

Firm also seeks to be relieved as counsel of record for Knotty Inc. (“Client”).

Again, the court notes that the Client is not listed on the accompanying proof of service. The following ruling, then, is contingent upon counsel providing the court with a proof of service reflecting Code of Civil Procedure § 1005, subdivision (b) compliant service of the motion and accompanying papers upon the Client at or before the time of the hearing.

See analysis and synopsis of Motion #1. Scott lists the same reasons for withdrawal as set forth above and states that he has served the Client by mail at the Client’s last known address with copies of the motion papers served with this declaration and that he has confirmed within the past 30 days that the address is current, via email at knottynuffwood@gmail.com and via telephone.

The court determines that the requirements of Rules of Court Rule 3.1362 enumerated above have been sufficiently met.

Firm finally seeks to be relieved as counsel of record for Knotty Intuitive (“Client”).

See analysis and synopsis of Motion #1. Scott lists the same reasons for withdrawal as set forth in Motion #1 and states that he has served the Client by mail at the Client’s last known address with copies of the motion papers served with this declaration and that he has confirmed within the past 30 days that the address is current, via email at knottynuffwood@gmail.com and via telephone.

The court determines that the requirements of Rules of Court Rule 3.1362 enumerated above have been sufficiently met.

[1] The proofs of service accompanying the motions do not list the respective Clients. California Rules of Court Rule 3.1362, subdivision (d) provides, in relevant part, as follows: “The notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case. The notice may be by personal service, electronic service, or mail.”