Daniel Im v. Allen Abraham, et al.

MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANTS CRAFTSCAPE CREATIONS, LLC, CRAFTSCAPE CREATIONS, INC., AND CRAFTSCAPE DESIGNS, LLC

 

MOVING PARTY: Jilbert Tahmazian (counsel for Defendants Craftscape Creations, LLC, Craftscape Creations, Inc., and Craftscape Designs, LLC

RESPONDING PARTY(S): None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Daniel Im alleges he contracted with Defendant Craftscape Creations, Inc., for a landscaping project at his home. Plaintiff alleges Defendants demanded payments yet purposely delayed work. Plaintiff alleges he paid Defendant or related entities approximately $208,919.00 and that Defendants have completed none of the work they contracted to complete. 

Jilbert Tahmazian now moves to be relieved as counsel for the Craftscape Defendants. No opposition was filed.

TENTATIVE RULING:

Counsel’s Motion to be Relieved as Counsel is GRANTED on the condition that Counsel submit an Order (Form MC-053) which indicates that the next hearing will be an OSC re: Striking of Answer on 8/14/24 at 8:30 a.m.  IF THE ENTITY DEFENDANTS DO NOT HAVE A NEW ATTORNEY OF RECORD BY THAT DATE, THEIR ANSWERS MAY BE STRICKEN.

Moving counsel is ordered to give notice of this Ruling, as well as the mandatory Order.

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 May 15, 2024. Counsel served the moving papers on Defendants Craftscape Creations, LLC, and Craftscape Designs, LLC, by mail at 21800 Oxnard Street, Suite 640, Woodland Hills, CA 91367. (See Proof of Service.)  Counsel states that it confirmed “by conversation” within the last 30 days that the address is current. (See MC-052, ¶ 3.)

In support of withdrawal, Counsel attests that the Defendants have failed to make payments for legal fees required under the attorney employment agreement. (MC-052 ¶ 2.) As a result, representation is no longer “sustainable” and will result in a “hardship” on the firm. (Id.)

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. 

IT IS SO ORDERED.

Dated:   July 11, 2024 ___________________________________