Judge: Sandy N. Leal, Case: 2021-01231113, Date: 2023-07-20 Tentative Ruling

1)   Motion to Be Relieved as Counsel of Record

2)   Motion to Be Relieved as Counsel of Record

3)   Status Conference

 

Motion 1: Motion to be relieved as counsel for Jonathan D. Wolf

 

Moving Counsel Scott D. Wu’s (Moving Counsel) Motion to Be Relieved as Counsel for Jonathan D. Wolf (Motion) is DENIED without prejudice.

 

Moving Counsel’s Declaration in Support of Motion, filed 5-31-23 under ROA No. 101 states: “I have made a reasonable effort to communicate my request to the client, but the client has refused to consent to my withdrawal.” This statement does not fit within one of the situations described in Rules of Professional Conduct, rule 1.16(b) for permissive withdrawal.

 

Based on the foregoing, Moving Counsel’s Motion is DENIED without prejudice. However, the Court notes that Moving Counsel’s Declaration appears to request an in-camera hearing pursuant to Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1137-1138 (Manfredi). Therefore, Moving Counsel should be prepared to discuss the necessity of an in-camera hearing, if any at the hearing on this motion.

 

Moving Counsel is to give notice.

 

Motion 2: Motion to be relieved as counsel for American Building and Remodeling

 

Moving Counsel Scott D. Wu’s (Moving Counsel) Motion to Be Relieved as Counsel for American Building and Remodeling (Motion) is DENIED without prejudice.

 

Moving Counsel’s Declaration in Support of Motion, filed 5-31-23 under ROA No. 99 states: “I have made a reasonable effort to communicate my request to the client, but the client has refused to consent to my withdrawal.” This statement does not fit within one of the situations described in Rules of Professional Conduct, rule 1.16(b) for permissive withdrawal.

 

Based on the foregoing, Moving Counsel’s Motion is DENIED without prejudice. However, the Court notes that Moving Counsel’s Declaration appears to request an in-camera hearing pursuant to Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1137-1138 (Manfredi). Therefore, Moving Counsel should be prepared to discuss the necessity of an in-camera hearing, if any at the hearing on this motion.

 

Moving Counsel is to give notice.