Judge: Ronald F. Frank, Case: 21TRCV00483, Date: 2023-10-23 Tentative Ruling

Case Number: 21TRCV00483    Hearing Date: October 23, 2023    Dept: 8

Tentative Ruling¿¿ 

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HEARING DATE:                 October 23, 2023 

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CASE NUMBER:                  21TRCV00483

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CASE NAME:                        Omster Haynes III; Karla Haynes v. Ant Re and Acquisitions Partners, LLC, et al.

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ATTORNEY:                         Attorney for Defendants: Ant Re and Acquisitions Partners, LLC 

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MOTION:¿                              (1) Motion to be Relieved as Counsel

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Tentative Rulings:                  (1) GRANTED, but at the hearing moving counsel must first address notice to client of inability to represent self as an LLC, and whether sufficient time remains before trial for Defendant to secure new counsel

I.                    Background  

On July 6, 2021, Plaintiffs filed their Complaint. On February 22, 2022, Plaintiffs filed the First Amended Complaint. On November 8, 2022, Plaintiffs filed a Second Amended Complaint (“SAC”) alleging breach of contract. The SAC alleges that Plaintiffs purchased the real property located at 4508 W. 142 Street Hawthorne, CA 90250. Plaintiffs claim that Defendant failed to disclose the property’s deficiencies with safety code violations and citations.

 On September 19, 2023, Defendants’ Ant Re and Acquisition Partners, LLC’s attorney, Jordan Matthews of Weinberg Gonser, LLP (“Matthews”) filed a Motion to be Relieved as Counsel.

Trial is set for February 13, 2024.  

II.                 Legal Standard & Discussion  

Code of Civil Procedure § 284 states that “the attorney in an action…may be changed at any time before or after judgment or final determination, as follows: (1) upon the consent of both client and attorney…; (2) upon the order of the court, upon the application of either client or attorney, after notice from one to the other.”  (Code Civ. Proc. § 284; CRC 3.1362.)  The withdrawal request may be denied if it would cause an injustice or undue delay in proceeding; but the court's discretion in this area is one to be exercised reasonably.  (See Mandell v. Superior (1977) 67 Cal.App.3d 1, 4; Lempert¿v. Superior Court (2003) 112 Cal.App.4th 1161, 1173.) 

In making a motion to be relieved as counsel, the attorney must comply with procedures set forth in Cal. Rules of Court 3.1362.  The motion must be made using mandatory forms: Notice of Motion and Motion to be Relieved as Counsel directed to the client – Civil (MC-051); Declaration “stating in general terms and without compromising the confidentiality of the attorney-client relationship” reasons the motion was brought (MC-052); and a Proposed Order (MC-053).  (Ibid.)  The forms must be filed and served on all parties who have appeared in the case.  (Ibid.) 

Here, Defendants’ counsel, Matthews moves the Court to relieve him as attorney of record for Defendants. Matthews properly filed a Notice of Motion, Motion to be Relieved as Counsel, Declaration, and Proposed Order in accordance with Cal. Rules of Court 3.1362. On September 19, 2023, all forms for the pending motion were served on Defendants by mail and by conversation. On September 19, 2023 proof of service for said documents were filed with the Court. 

In the declaration Matthews notes that “circumstances have arisen sufficient for permissive withdrawal pursuant to the California Rules of Professional Conduct and Model Rules.” Matthews also notes that “Defendant Ant Re consents to counsel’s withdrawal.” Matthews contends that he is bringing this motion because “Defendant has not engaged new counsel and is unable to represent itself in this matter.”  Matthews also notes that he has made Defendant aware of the consequences of withdrawal.

Since Defendants’ counsel has complied with all procedural requirements in filing a motion to be relieved as counsel and because the withdrawal would not cause an injustice or undue delay in proceedings, the Court finds that withdrawal of Matthews as attorneys of record for Defendants can be accomplished without undue prejudice to the Defendants’ interests.

III.              Conclusion & Order 

For the foregoing reasons, Matthew’s Motion to Be Relieved As Counsel is GRANTED and the Order will be signed at the hearing. “After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, rule 3.1362(e).) The Order on this Motion will not be effective “until proof of service of a copy of the signed order on Plaintiff and Defendant has been filed with the court.” (Id.) 

Moving party is ordered to give notice.