Tithe20, LLC v. S&S 126 Investment, LLC, et al.

MOTION TO BE RELIEVED AS COUNSEL

 

MOVING PARTY: Pamela Tahim Thakur (Counsel for Plaintiff Tithe20, LLC)

RESPONDING PARTY(S): None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff Tithe20, LLC, brings this action against Defendants S&S 126 Investment, LLC, and Malekan Eshagh. Plaintiff alleges it entered into a lease with Defendant S&S for the possession and option to purchase the property at 1500 W. Pacific Coast Highway, Long Beach, California 90810. Plaintiff alleges Defendants made material misrepresentations in order to induce Plaintiff to enter into the lease.  Plaintiff brings causes of action for (1) fraud, (2) false promise, (3) constructive trust, (4) negligent misrepresentation, (5) Unfair Business Practices, and (6) declaratory relief.

Pamela Tahim Thakur, counsel for Plaintiff Tithe20, LLC, now moves to be relieved. The motion is unopposed.

TENTATIVE RULING:

Counsel’s motion to be relieved 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 Complaint on June 2, 2023 at 8:30 a.m.  IF PLAINTIFF DOES NOT HAVE A NEW ATTORNEY OF RECORD BY THAT DATE, ITS COMPLAINT MAY BE STRICKEN.

Moving party to give notice.

DISCUSSION:

Motion to be Relieved as Counsel

A. 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.)

B. Analysis

Counsel filed Civil forms MC-051, MC-052, and MC-053.  Counsel served the moving papers on the client by mail on April 4, 2023. (See Proof of Service.)  Counsel confirmed the client’s mailing address by email.  (Form MC-052 ¶ 3.)

Moving counsel cites a “breakdown in [the] attorney-client relationship.” (MC-052, ¶ 2.) 

There is no opposition to this motion. “Good cause” has been adequately demonstrated by movant.  Trial in this matter has not been set, leaving Plaintiff sufficient time to retain new counsel.

IT IS SO ORDERED.

Dated:   March 3, 2023 ___________________________________

Randolph M. Hammock

Judge of the Superior Court