Judge Ronald F. Frank, Case Number: 21TRCV00617, Date: 2024-12-03 Tentative Ruling

Judge: Ronald F. Frank, Case: 21TRCV00617, Date: 2024-12-03 Tentative Ruling

Case Number: 21TRCV00617 Hearing Date: December 3, 2024 Dept: 8

Tentative Ruling

HEARING DATE: December 3, 2024

CASE NUMBER: 21TRCV00617

CASE NAME: GTI Services, Inc. v. Sinichi Kakefu, et al.

ATTORNEY NAME: Ryan Q. Keech, Esq. and Connor J. Meggs, Esq., counsels of record for Defendant, Shinichi Kakefu

TRIAL DATE: May 27, 2025

MOTION: (1) Motion to be Relieved as Counsel

Tentative Rulings: (1) GRANTED.

I. Background

On August 16, 2021, Plaintiff, DTI Services, Inc. (“Plaintiff”) filed a complaint against Defendants, Shinichi Kakefu, and DOES 1 through 10. The complaint alleges causes of action for: (1) Fraud; (2) Theft by False Pretense; (3) Unlawful Business Practices; and (4) Commercial Bribery.

On October 28, 2024, Defendant’s attorneys, Ryan Q. Keech, Esq. and Connor J. Meggs, Esq. (hereinafter “Keech” and “Meggs”) filed a Motion to be Relieved as Counsel for Defendant.

Trial is currently set for May 27, 2025.

II. Legal Standard & Discussion

Code of Civil Procedure section 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, Defendant’s attorneys, Keech and Meggs, move the court to relieve them as attorneys of record for Defendant. Keech and Meggs properly filed a Notice of Motion, Motion to be Relieved as Counsel, Declaration, and Proposed Order in accordance with California Rules of Court, Rule 3.1362. Keech and Meggs’ declaration indicates that the Defendant was served by mail at the client’s last known address with copies of the motion papers served with the declaration. Keech and Meggs also attest that Defendant’s last known address has been confirmed within the past thirty (30) days via a public records search on October 22, 2024. Keech and Meggs further state that the moving papers will be served via mail, return receipt requested, and a proof of service will be filed with the court.

In the declaration, Keech and Meggs states that the reason for their motion is that: “[t]he relationship of trust and confidence essential to the attorney-client relationship has ceased to exist in that there has been a breakdown in communications and [the Defendant] has materially breached has filly executed engagement agreement by failing to pay significant amounts of outstanding fees and costs, despite being offered alternative payment options over the course of nearly a year. [Keech and Meggs further assert] [o]n multiple occasions between August and October 2024, the [Defendant] was informed that his failure to address these circumstances would lead to [Keech and Megg’s] firm’s withdrawal of representation, of the need to obtain substitute counsel and of [their] intent to file this motion. In October 2024, the [Defendant] was asked if he would consent to the withdrawal and substitution. He did not respond.” Keech and Meggs represent that they do not believe Defendant has retained substitute counsel.

Since Defendant’s attorney have complied with all procedural requirements in filing a motion to be relieved as counsels and because the withdrawal would not cause an injustice or undue delay in proceedings, the Court finds that withdrawal of Ryan Q. Keech, Esq. and Connor J. Meggs, Esq. as attorney of record for Defendant, can be accomplished without undue prejudice to Defendant’s interests. However, the court emphasizes that proofs of service are required to be filed before the granting of this motion.

III. Conclusion & Order

For the foregoing reasons, Ryan Q. Keech, Esq. and Connor J. Meggs, Esq.’s Motion to Be Relieved As Counsel is GRANTED. “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 counsel are ordered to give notice.