Constancio Tan v. Jeremiah Phillips, LLC

MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANTS JEREMIAH PHILLIPS, EBONY TAYLOR, & KYUNG LEE

 

MOVING PARTY: Felahy Employment Lawyers (counsel for Defendants Jeremiah Phillips, LLC, Ebony Taylor, and Kyung Lee)

RESPONDING PARTY(S): None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff Constancio Tan brings this action against Defendants for employment violations. Plaintiff, who is 74 years old and worked for Defendants as a dispatcher, alleges he was terminated based on his age and after complaining of meal and rest break violations. 

Felahy Employment lawyers now move to be relieved as counsel for Defendants Jeremiah Phillips, LLC, Ebony Taylor, and Kyung Lee.  No opposition was filed.

TENTATIVE RULING:

Counsel’s Motion to be Relieved as Counsel is GRANTED as to Defendants Ebony Taylor, and Kyung Lee.   The Court will hear argument as to whether there still is a bankruptcy stay as to Defendant Jeremiah Phillips, LLC, and if so, whether or not this motion would violate any automatic stay. 

Moreover, since Defendant Jeremiah Phillips, LLC is not an individual, it must be represented by an attorney licensed to practice law in California.   As such, if this Court grants this motion as to said Defendant, an OSC needs to be set regarding new counsel.

Moving 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 undue 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 on June 04, 2024. Counsel served the moving papers on each Defendant, including the individuals Taylor and Lee, by mail at 863 Malcolm Rd., Burlingame, CA 94010. (See Proof of Service.) Counsel also served the Defendants by email at their company email addresses. (Id.) Counsel states that it confirmed “by conversation” within the last 30 days that the addresses are current. (See MC-052, ¶ 3.)

In support of withdrawal, Counsel attests that “there has been a complete breakdown of the attorney-client relationship.” (MC-052 ¶ 2.)

Here, there is no opposition to the motion, and there is no evidence Defendants will be unduly prejudiced if Counsel is relieved at this time. 

Accordingly, Counsel’s Motion to be Relieved as Counsel is GRANTED  as to Defendants Ebony Taylor, and Kyung Lee.   The Court will hear argument as to whether there still is a bankruptcy stay as to Defendant Jeremiah Phillips, LLC, and if so, whether or not this motion would violate any automatic stay.

IT IS SO ORDERED.

Dated:   July 3, 2024 ___________________________________

Judge of the Superior Court


FN 1 - On 2/26/24, said Defendant filed a notice that it was currently in Chapter 11 bankruptcy.