Judge: Peter A. Hernandez, Case: 23CHCV03759, Date: 2025-04-16 Tentative Ruling

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Case Number: 23CHCV03759    Hearing Date: April 16, 2025    Dept: 34

Defendants Imani Media Group Inc. and Yolanda Halley’s Counsel Tyler R. Dowdall, and Renata A. Guidry’s Motion to be Relieved as Counsel is GRANTED, effective upon the filing of proof of service showing service of the signed order.

Background

            On December 11, 2023, Plaintiff Production Resource Group, LLC (“Plaintiff”) filed a complaint against Defendants Imani Media Group Inc. and Yolanda Halley (“Defendants”) alleging causes of action for:

1.                 Breach of Written Contract;

2.                 Breach of Personal Guaranty;

3.                 Open Book Account;

4.                 Reasonable Value;

5.                 Account Stated;

6.                 Indebtedness; and

7.                 Unjust Enrichment.

On April 25, 2024, the court granted Defendants’ Motion to Transfer this action to the Central District.

On August 19, 2024, Plaintiff filed a First Amended Complaint (“FAC”).

On September 30, 2024, Defendant Imani Media Group, Inc. filed an answer to Plaintiff’s FAC.

On March 13, 2025, counsel for Defendants, Tyler R. Dowdall, and Renata A. Guidry (“Counsel”), filed: (1) MC-051, Motion to be Relieved as Counsel; (2) MC-052, Declarations in Support of Motion to be Relieved as Counsel; (3) MC-053, Proposed Order; and (4) Proof of Service. No opposition or other response has been filed.

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. (Ibid.) 

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.)

Discussion

Counsel’s motion complies with the requirements of California Rules of Court, rule 3.1362, in that Counsel provided a motion to be relieved as counsel; a declaration in support; a proposed order granting Counsel’s motion; and proof of service.

            The declaration states that irreconcilable differences arose between Counsel and Defendants such that representation cannot continue. (Dowdall Decl., ¶ 2; Guidry Decl., ¶ 2.) Counsel has attempted, in good faith, to address the problems but has not been able to reach an acceptable resolution. (Ibid.) Client has also become non-responsive to correspondence and requests for instruction. (Ibid.) Lastly, Counsel declares that Defendant Yolanda Halley passed away on January 18, 2025. (Ibid.)

            The court determines that the requirements of Rules of Court Rule 3.1362 enumerated above have been sufficiently met. The court grants the requested withdrawal effective upon the filing of proof of service showing service of the signed order to Defendants.

Conclusion

Defendants Imani Media Group Inc. and Yolanda Halley’s Counsel Tyler R. Dowdall and Renata A. Guidry’s Motion to be Relieved as Counsel is GRANTED, effective upon the filing of proof of service showing service of the signed order.