Judge: Randolph M. Hammock, Case: 21STCV21318, Date: 2023-03-07 Tentative Ruling

While we remain under various emergency orders during the Covid-19 pandemic, all parties and counsel are encouraged to appear remotely on all civil matters.

If the interested parties wish to submit on the tentative ruling, they should call the judicial assistant together prior to the date of the scheduled hearing. 


Case Number: 21STCV21318    Hearing Date: March 7, 2023    Dept: 49

Chloe Schneider v. KidFocus LLC, et al.


MOTIONS TO BE RELIEVED AS COUNSEL
 

MOVING PARTY: Casey L. Morris and Hill, Farrer, and Burrill LLP (Counsel for Defendants KidFocus LLC and Cahmeron Larian)

RESPONDING PARTY(S): None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
Casey L. Morris and Hill, Farrer, and Burrill LLP, Counsel for Defendants KidFocus LLC and Cahmeron Larian, now move to be relieved as Counsel for both Defendants.  The motions are unopposed.
TENTATIVE RULING:

Counsel’s Motion to be Relieved as Counsel for individual Defendant Cahmeron Larian is GRANTED.Counsel’s motion to be Relieved as Counsel for entity Defendant KidFocus LLC is GRANTED on the condition that Counsel submit a new Order (MC-053) which indicates that the next hearing will be an OSC re; Striking of Answer on 3/29/23 at 8:30 a.m.  IF DEFENDANT KidFocus LLC DOES NOT HAVE A NEW ATTORNEY OF RECORD BY THAT DATE, ITS ANSWER MAY BE STRICKEN.

Moving party to give notice, per Order (MC-053).

DISCUSSION:

Motion to be Relieved as Counsel

Legal Standard

For a motion to be relieved as counsel under CCP section 284, subdivision¿(2), California Rules of Court 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 CCP section 284(2) is brought instead of filing a consent under CCP 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, declaration, and proposed order on the client and on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney’s Motion to be Relieved as Counsel – Civil form (MC-053)).¿ (Cal. Rules of Court, rule 3.1362.)¿

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.)

Analysis

Counsel filed Civil forms MC-051, MC-052, and MC-053 for each motion.  Counsel served the moving papers on the clients by mail on January 26, 2023. (See Proof of Service.)  Counsel confirmed the clients’ mailing addresses by telephone.  (Forms MC-052 ¶ 3.)

Counsel provides that the clients have engaged in conduct that “renders it unreasonably difficult” to carry out the representation, including “a complete breakdown in cooperation and communication from client[s].” (MC-052, ¶ 2.) 

There is no opposition to this motion. “Good cause” has been adequately demonstrated by Counsel.  In addition, there is no obvious prejudice to Defendants if counsel is relieved at this time.

Moving party to give notice.

IT IS SO ORDERED.

Dated:   March 7, 2023 ___________________________________
Randolph M. Hammock
Judge of the Superior Court