Judge: Richard Y. Lee, Case: 30-2018-01039691, Date: 2023-06-15 Tentative Ruling

Caitlin I. Sanders and Michael A. Iannucci (pro hac vice) from Blank Rome LLP (“Moving Counsel”), Counsel of Record for Defendant, Sprout Mortgage Corporation, move to be relieved as counsel of record for Defendant, Sprout Mortgage Corporation.

Motions to be relieved as counsel pursuant to Code of Civil Procedure section 284(2) are governed by California Rules of Court (“CRC”), rule 3.1362.

On February 16, 2023, the Court continued the present motion and ordered Moving Counsel to prepare, serve, and lodge the proposed order. (See ROA 283.) On that same date, Moving Counsel filed amended papers including the Notice of Motion and Motion to Be Relieved as Counsel-Civil (MC-051) (ROA 286), and Order Granting Attorney’s Motion to Be Relieved as Counsel-Civil (MC 053) (ROA 287).

The proof of service of the amended and/or re-filed papers reflects that the client, Defendant, Sprout Mortgage Corporation, and Plaintiff’s counsel were served with all moving papers, including the proposed order, by mail, with the client being served at an address in New York. (See ROA 279.)

The re-filed Declaration of Caitlin I. Sanders demonstrates adequate grounds for granting the motion. Moving Counsel states that there has been a “significant breakdown in the attorney-client relationship such that Blank Rome is unable to continue to represent the interests of the client as contemplated by the engagement agreement,” and that despite attempts, they have been unable to remedy the breakdown and must withdraw. (Declaration in Support of Attorney’s Motion to be Relieved as Counsel (MC-052), Caitlin I. Sanders, ¶ 2, ROA 281.) Moving Counsel also states that they are amenable to an in camera proceeding with the Court if the Court requires additional information. Moving Counsel additionally states, “[t]he client was provided notice of the instant motion by mail and email, and the client consents to the withdrawal.” (Id., ¶ 7.)

Based on the foregoing, the Motion to Be Relieved as Counsel of Record for Defendant, Sprout Mortgage Corporation, filed by Caitlin I. Sanders and Michael A. Iannucci (pro hac vice) from Blank Rome LLP is GRANTED.

The Order relieving Moving Counsel as Counsel of Record for Defendant, Sprout Mortgage Corporation, is effective upon Moving Counsel filing proof of service of a copy of the signed order, and this Minute Order, on the client, and on all parties that have appeared in this case. (California Rules of Court, rule 3.1362(e).)

A corporation must be represented in court by an attorney. As such, Defendant, Sprout Mortgage Corporation, is ordered to obtain new counsel within a reasonable time. (CLD Constr., Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1150 [“[T]he court retains authority to dismiss an action if an unrepresented corporation does not obtain counsel within reasonable time.”].)

Moving counsel to give notice.

Order to Show Cause re: Stipulated Judgement between Plaintiff and Defendant Choi set 06/15/23 to remain.