Judge: Robert B. Broadbelt, Case: 20STCV13430, Date: 2023-02-21 Tentative Ruling
Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.
Case Number: 20STCV13430 Hearing Date: February 21, 2023 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
53
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Case
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20STCV13430 |
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Hearing
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February
21, 2023 |
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[Tentative]
Order RE: (1)
motion
to be relieved as counsel for defendant pak to lam (2)
motion
to be relieved as counsel for thomas jau (3)
motion
to be relieved as counsel for defendant harvest king trading usa, ltd. |
MOVING PARTY: Lawrence C. Ecoff
RESPONDING PARTY: Unopposed
(1)
Motion
to be Relieved as Counsel for Defendant Pak To Lam
(2)
Motion
to be Relieved as Counsel for Defendant Thomas Jau
(3)
Motion
to be Relieved as Counsel for defendant Harvest King Trading USA, Ltd.
The court
considered the moving papers filed in connection with each motion. No opposition papers were filed.
DISCUSSION
Lawrence C. Ecoff (“Defendants’ Counsel”) separately moves to be
relieved as counsel for (1) defendant Pak To Lam, (2) defendant Thomas Jau, and
(3) defendant Harvest King Trading USA, Ltd. (collectively, “Defendants”). In the interest of efficiency, the court
discusses Defendants’ Counsel’s three motions to be relieved as counsel
together.
“The question of granting or denying an application of an attorney to
withdraw as counsel (Code Civ. Proc., § 284, subd. 2) is one which lies within
the sound discretion of the trial court ‘having in mind whether such withdrawal
might work an injustice in the handling of the case.’”¿ (People v. Prince
(1968) 268 Cal.App.2d 398, 406 [internal quotations omitted].)¿ The court
should also consider whether the attorney’s “withdrawal can be accomplished
without undue prejudice to the client’s interests.”¿ (Ramirez v. Sturdevant (1994)
21 Cal.App.4th 904, 915.)¿¿¿¿¿¿¿
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 Defendants’ Counsel has served Defendants with
the moving papers and proposed order by mail at the clients’ last known
addresses, which Defendants’ Counsel has confirmed within the past 30 days are
current. (MC-052 forms, ¶ 3, subds.
(a)(2), (b)(1)(b).) The court further
finds that Defendants’ Counsel has shown sufficient reasons why the three
motions to be relieved as counsel should be granted, and why counsel has
brought the motions under Code of Civil Procedure section 284, subdivision (2)
instead of filing a consent under section 284, subdivision (1).
The court therefore grants
Defendants’ Counsel’s (1) motion to be relieved as counsel for defendant Pak To
Lam, (2) motion to be relieved as counsel for defendant Thomas Jau, and (3)
motion to be relieved as counsel for defendant Harvest King Trading USA, Ltd.
Lawrence
C. Ecoff will be relieved as counsel of record for defendants Pak To Lam,
Thomas Jau, and Harvest King Trading USA, Ltd., effective upon the filing of
the proof of service of the signed “Order Granting Attorney’s Motion to be
Relieved as Counsel – Civil” as to each defendant, on the clients.
The
court orders Lawrence C. Ecoff to give notice of this ruling and the “Order[s]
Granting Attorney’s Motion to be Relieved as Counsel – Civil” to defendants Pak
To Lam, Thomas Jau, and Harvest King Trading, USA, Ltd., and to all other
parties who have appeared in this action.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court