George Balian v. The Green Earth Farmacie, Inc., et al.

(1) MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANT THE GREEN EARTH FARMACIE, INC.

(2) MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANT CORY DELPASAND

 

MOVING PARTY: Lawrence C. Ecoff and Yaron M. Tilles (counsel for Defendants The Green Earth Farmacies, Inc. and Cory Delpasand)

RESPONDING PARTY(S): None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff George Balian worked for Defendant The Green Earth Farmacies, Inc., as a cashier and later in a management rule. Plaintiff alleges he was wrongfully terminated, faced discrimination, and suffered wage and hour violations, among other things. 

Lawrence C. Ecoff and Yaron M. Tilles, counsel for Defendants The Green Earth Farmacies, Inc. and Cory Delpasand, 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 Cory Delpasand is GRANTED.

Counsel’s motion to be Relieved as Counsel for entity Defendant The Greeen Earth Farmacie, Inc. 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 9/15/23 at 8:30 a.m.  IF THE CORPORATE DEFENDANT DOES NOT HAVE A NEW ATTORNEY OF RECORD BY THAT DATE, ITS ANSWER 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 for each Defendant.  Counsel served the moving papers on the clients by mail on July 18, 2023. (See Proof of Service.)  Counsel confirmed the clients’ mailing addresses by telephone.  (Forms MC-052 ¶ 3.)

Counsel attests that “[t]here has been a breakdown of the attorney-client relationship including a breach of the terms of the attorney fee agreement, which prevents counsel from adequately representing the client in this matter.” (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.

Accordingly, Counsel’s Motion to be Relieved as Counsel for individual Defendant Cory Delpasand is GRANTED.

Moving party to give notice.

IT IS SO ORDERED.

Dated:   August 15, 2023 ___________________________________