Judge: Robert B. Broadbelt, Case: 19STCV15057, Date: 2023-03-16 Tentative Ruling

Case Number: 19STCV15057    Hearing Date: March 16, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Counsel for Defendant CBC Restaurant Corp.

RESPONDING PARTY:       Unopposed

(1)   Motion to be Relieved as Counsel for Defendant CBC Restaurant Corp.

MOVING PARTY:                Counsel for Defendant Juliana Zhu

RESPONDING PARTY:       Unopposed

(2)   Motion to be Relieved as Counsel for Defendant Juliana Zhu

MOVING PARTY:                Counsel for Defendant Chris Gholar

RESPONDING PARTY:       Unopposed

(3)   Motion to be Relieved as Counsel for Defendant Chris Gholar

The court considered the moving papers filed in connection with each motion.  No opposition papers were filed.

On February 10, 2023, three motions to be relieved as counsel were filed, requesting the court issue orders relieving counsel of record for (1) defendant CBC Restaurant Corp., (2) defendant Juliana Zhu, and (3) defendant Chris Gholar. 

For a motion to be relieved as counsel under Code of Civil Procedure 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 Code of Civil Procedure section 284, subdivision (2) is brought instead of filing a consent under Code of Civil Procedure section 284, subdivision (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)).¿ 

The court finds that each motion to be relieved as counsel is incomplete and therefore denies the motions to be relieved as counsel.

First, although the motion to be relieved as counsel as to defendant CBC Restaurant Corp. identifies the client, it does not state the name of the withdrawing attorney in section 1.  (MC-051.)  Second, the motion to be relieved as counsel as to defendant Juliana Zhu similarly omits the name of the withdrawing attorney in section 1.  (MC-051.)  Third, the motion to be relieved as counsel as to defendant Chris Gholar also omits the name of the withdrawing attorney in section 1.  (MC-051.)  Thus, the court finds that the clients have not been given proper notice of the attorney(s) moving to be relieved as their counsel of record.

The court therefore denies (1) the motion to be relieved as counsel for defendant CBC Restaurant Corp., (2) the motion to be relieved as counsel for defendant Juliana Zhu, and (3) the motion to be relieved as counsel for defendant Chris Gholar, without prejudice to filing new motions to be relieved as counsel for these defendants that state all of the required information.

   
            The court orders counsel for defendants CBC Restaurant Corp., Juliana Zhu, and Chris Gholar to give notice of this ruling.

IT IS SO ORDERED.

DATED:  March 16, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court