Judge: Robert B. Broadbelt, Case: 22STCV06968, Date: 2023-04-26 Tentative Ruling
Case Number: 22STCV06968 Hearing Date: April 26, 2023 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
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22STCV06968 |
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Hearing
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April
26, 2023 |
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[Tentative]
Order RE: motion to be relieved as counsel for
plaintiff |
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MOVING PARTY: Christian S. Molnar
RESPONDING PARTY: Unopposed
Motion to be Relieved as Counsel
The court considered the moving papers filed in connection with this
motion. No opposition papers were filed.
DISCUSSION
Christian S. Molnar
(“Plaintiff’s Counsel”) moves to be relieved as counsel for plaintiff Daniel
Kerrigan, on behalf of himself and derivatively on behalf of nominal defendant
LNKBOX Group, Inc. (“Plaintiff”).
“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 Plaintiff’s Counsel has served Plaintiff by mail
at Plaintiff’s last known address, and that Plaintiff’s Counsel has been unable
to locate a more current address after making reasonable efforts to do so,
including by calling Plaintiff’s last known telephone number(s). (MC-052, ¶ 3, subds. (a)(2), (b)(2)(b); Cal.
Rules of Ct., rule 3.1362, subd. (d)(1)(B).)
The court further finds that Plaintiff’s Counsel has shown sufficient
reasons why the motion should be granted, and why counsel has brought the motion
under Code of Civil Procedure section 284, subdivision (2) instead of filing a
consent under section 284, subdivision (1).
(MC-052, ¶ 2.)
The court therefore grants Plaintiff’s Counsel’s motion to be relieved
as counsel for Plaintiff.
Christian S. Molnar will be relieved as counsel of record for
plaintiff Daniel Kerrigan, on behalf of
himself and derivatively on behalf of nominal defendant LNKBOX Group, Inc., effective
upon the filing of the proof of service of the signed “Order Granting
Attorney’s Motion to be Relieved as Counsel – Civil” on the client.
The court orders Christian S. Molnar to give notice of this ruling and
the “Order Granting Attorney’s Motion to be Relieved as Counsel – Civil” to
plaintiff Daniel Kerrigan, on behalf of
himself and derivatively on behalf of nominal defendant LNKBOX Group, Inc.,
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