In Motion Design Inc. v. UW International Corp., et al.

(1) MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANT UW INTERNATIONAL CORP.

(2) MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANT CROWN ESTATE HOLDING, LLC

 

MOVING PARTY: James Lee Reynolds (counsel for Defendants UW International Corp. and Crown Estate Holding, LLC)

RESPONDING PARTY(S): None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff In Motion Design Inc. brings this action against Defendants UW International Corp. and Crown Estate Holding, LLC. Plaintiff alleges it paid Defendants fees to store product at Defendants’ storage facilities. Plaintiff alleges Defendants’ negligence allowed a fire and rain to damage their stored property. Plaintiff asserts causes of action for (1) negligence and (2) breach of bailment contract.

James Lee Reynolds, counsel for Defendants, now moves to be relieved as counsel. The motions are unopposed.

TENTATIVE RULING:

Counsel’s Motion to be Relieved as Counsel for Defendants UW International Corp. and Crown Estate Holding, LLC are 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 10/25/24 at 8:30 a.m.  IF DEFENDANT(S) DO NOT HAVE A NEW ATTORNEY OF RECORD BY THAT DATE, THEIR ANSWER(S) MAY BE STRICKEN.

Moving parties to give notice of this Ruling, as well as the separate Order (MC-053).

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 August 10, 2024. (See 08-14-24 and 08-12-24 Corrected Proofs of Service.)  Counsel confirmed that the addresses are current within the last 30-days through text messages with the clients.  (Forms MC-052 ¶ 3(b).)

Counsel attests that Defendants are “in material breach of the Representation,” and have “refused and thereby failed to cure the material breach.” (See Forms MC-052, Reynolds Decl. ¶ 2.) 

There are no oppositions to the motions. “Good cause” has been adequately demonstrated by Counsel.  In addition, there is no obvious prejudice to Defendants if counsel is relieved at this time.

IT IS SO ORDERED.

Dated:   September 11, 2024 ___________________________________