Judge: Ronald F. Frank, Case: 21TRCV00689, Date: 2023-01-20 Tentative Ruling
Case Number: 21TRCV00689 Hearing Date: January 20, 2023 Dept: 8
Tentative Ruling¿¿
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HEARING DATE: January 20, 2023
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CASE NUMBER: 21TRCV00689
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CASE NAME: Emma Liz Properties LLC v. Starline Tours of Hollywood Inc., et al
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TRIAL DATE: Not Set
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MOTION:¿ (1) Motion to be Relieved as Counsel
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Tentative Rulings: (1) Motion to be Relieved as Counsel is GRANTED. Counsel to Identify a natural person at the corporation to be contacted
I. Background
On September 22, 2021, Plaintiff, Emma Liz Properties LLC (“Plaintiff”) filed a complaint against Starline Tours of Hollywood Inc., a California corporation, Professional Fleet Services Inc., a California Corporation, Miguel Arciga, and DOES 1 through 50. The Complaint alleges causes of action for: (1) Breach of Written Contract; and (2) Breach of Written Guaranty.
On December 16, 2022, Defendant, Fleet Services Inc.’s counsel, Benjamin Berger, Esq. (“Berger”) filed the instant Motion to be Relieved as Counsel for Defendant (“Motion”). No opposition was filed.
Trial is not yet set.
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, Defendant’s counsel, Berger, moves the Court to relieve him as attorney of record for Defendant, Fleet Services, Inc. Berger 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 December 16, 2022, all forms for the pending motion were served on Defendants and Plaintiff by email and phone call. On December 16, 2022, proof of service for said documents was filed with the Court.
In his declaration Berger states that that the “Client directed [him] to do no further work and the relationship is otherwise unworkable. [Berger] attempted to obtain a consent under Code Civ. Proc. § 284(1), but [his] client never returned an executed copy of the form.”
Since Defendant’s 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 Berger as attorney of record for Defendant, Fleet Services, Inc., can be accomplished without undue prejudice to the Defendant’s interests.
III. Conclusion & Order
For the foregoing reasons, Berger’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.)
Mr. Berger must identify a natural person at his corporate client to be the point of contact for the other parties in this case.
Moving party is ordered to give notice.