Manhattan Floor Covering, Inc. v. Vista West Properties, et al.

(1) MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANT VISTA WEST PROPERTIES, INC.

(2) MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANT BS BROADWAY VILLAGE II, LP

 

MOVING PARTY: Daniel L. Germain of Rosman & Germain APC (counsel for Defendants Vista West Properties, Inc., and BS Broadway Village II, LP)

RESPONDING PARTY(S): None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff Manhattan Floor Covering, Inc., brings this action against Defendants Vista West Properties, Inc., and BS Broadway Village II, LP, to recover monies for goods and services delivered to Defendants. Plaintiff asserts causes of action for (1) goods and services sold and delivered, (2) account stated, (3) open book account, and (4) breach of contract. 

Daniel L. Germain, counsel for Defendants, moves to be relieved as counsel.  The motion is unopposed.

TENTATIVE RULING:

Counsel’s Motions to be Relieved as Counsel for Defendant Vista West Properties, Inc. and Defendant BS Broadway Village II, LP 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 1/31/25 at  8:30 a.m.  IF DEFENDANTS DO NOT HAVE A NEW ATTORNEY OF RECORD BY THAT DATE, THEIR RESPECTIVE ANSWERS MAY BE STRICKEN.

DISCUSSION:

Motions 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 November 12, 2024. (See Proofs of Service.)  Counsel confirmed that the addresses are current within the last 30-days by telephone. (Forms MC-052, ¶ 3(b).)

In support of withdrawal, counsel attests there has been “a material and irreconcilable breakdown in the attorney-client relationship between attorney” and clients, such that the attorney “is unable to carry out his responsibilities effectively in this matter.” (See Forms MC-052, ¶ 2.) The clients have not consented to withdrawal. (Id.)

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

IT IS SO ORDERED.

Dated:   December 16, 2024 ___________________________________