Thunder International Group Inc. dba Thunder Express v. Zhe Zhou, et al.

MOTION TO BE RELIEVED AS COUNSEL FOR PLAINTIFF THUNDER INTERNATIONAL GROUP INC.

 

MOVING PARTY: Richard Liu and Edward Wells (counsel for Plaintiff Thunder International Group Inc.)

RESPONDING PARTY(S): None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff Thunder International Group Inc., doing business as “Thunder Express,” brings this action against Defendant Thunder Express LLC and Zhe Zhou. Plaintiff alleges Defendants have unlawfully used its “Thunder Express” trademark, and have used the trademark and Plaintiff’s business information to apply for loans and credit lines without Plaintiff’s knowledge and consent.

Richard Liu and Edward Wells, counsel for Plaintiff, now move to be relieved as counsel. No opposition was filed.  [FN 1]

TENTATIVE RULING:

Counsel’s Motion to be Relieved as Counsel 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 2/26/25 at 8:30 a.m.  IF PLAINTIFF DOES NOT HAVE A NEW ATTORNEY OF RECORD BY THAT DATE, ITS COMPLAINT MAY BE STRICKEN.

Withdrawing counsel is ordered 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 December 23, 2024. (See Proof of Service.)  Counsel has confirmed the clients address within the last 30-days through the California Secretary of State. (Form MC-052 ¶ 3(b).)

In support of withdrawal, Counsel attests that the “client did not voluntarily consent to the attorney’s request to be relieved as counsel” and the “attorney-client relationship has completely and irreparably broken down.” (Form MC-052, ¶ 2.)

Here, “good cause” has been adequately demonstrated by Counsel.  In addition, there is no obvious prejudice to the client or any other party if counsel is relieved at this time. No trial date has been set in this matter. 

Accordingly, Counsel’s Motion to be Relieved as Counsel is CONDITIONALLY GRANTED.

IT IS SO ORDERED.

Dated:   January 14, 2025 ___________________________________