Judge: Sarah J. Heidel, Case: 22BBCV00388, Date: 2024-03-01 Tentative Ruling

Case Number: 22BBCV00388    Hearing Date: March 1, 2024    Dept: V

SUPERIOR COURT OF CALIFORNIA 

COUNTY OF LOS ANGELES – NORTHEAST DISTRICT 

DEPARTMENT V 

MOVING PARTIES:             Shanda Beach of Shanda Beach of the Beach Law Group 

RESPONDING PARTY:       None 

Motion to Be Relieved as Counsel¿¿ 

The court considered the moving papers filed in connection with this motion.¿¿ 

BACKGROUND¿ 

Plaintiff’s counsel seeks to be relieved as counsel for Plaintiffs Alejandro Duran and the Standard Design Group Nurseries because she claims there has been a breakdown in the attorney client relationship.   

LEGAL STANDARD¿ 

For a Motion to Withdraw, California Rule of Court, rule 3.1362 requires (1) a notice of motion and motion to be directed to the client; (2) a declaration stating in general terms the basis for the withdrawal, without compromising the confidentiality of the attorney-client relationship; (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel.¿Counsel’s Motion complies with California Rules of Court, Rule 3.1362.¿¿¿ 

DISCUSSION¿ 

A.                Procedural Deficiencies 

The Motion includes the four requirements under Rule 3.1362.  However, the MC-051, MC-052, and MC-053 lists the Burbank Courthouse before Judge Kralik rather than the Alhambra Courthouse before Judge Heidel. The MC-051 form states that the case will be reassigned to Judge Heidel at Dept V at the Alhambra Courthouse.  

Item 7 in MC-053 does not state the place where the Final Status Conference will occur on October 3, 2024 at 8:30 am, and the trial on October 14, 2024 at 8:30 am. Counsel should include the address in item 7 of MC-053 and also correct the addresses on the other forms. ¿¿ 

B.                 Merits 

Absent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted.¿ (People v. Prince (1968) 268 Cal.App.2d 398, 406.)¿¿¿ 

Here, Attorney Shanda Beach of the Beach Law Group states: “There has been a breakdown in the working relationship with the clients, and I have been unable to obtain a signed Substitution of Attorney, necessitating this motion. I know of no reason clients cannot find substitute counsel. The specific facts which give rise to this motion are confidential and required to be kept confidential pursuant to Bus. & Prof. Code 6068(e), Rule 3-lOO(A), California Rules of Professional Conduct, and by the attorney-client privilege (Evid. C 950, et seq). In the event this Court desires further information to ascertain the good faith basis for this motion and for withdrawal, it is respectfully requested that the court have an in camera hearing outside the presence of all other parties so that the specific facts demonstrating good cause for this withdrawal may be demonstrated to the court. (Manfredi & Levine v. Superior Court (1998) 66 Cal. App. 4th 1128, 1136-37; Rule 3-700.) (MC-052 Item 2.)  

Given that trial is set for October 14, 2024, there is likely no prejudice to Plaintiffs and  they have not opposed the motions.¿¿ 

.¿¿ 

Based on the foregoing, the Court continues the motion to March 21,2024 a.m. and orders Attorney Shanda Beach, to refile and include the corrected address of Alhambra Courthouse and the location of the future hearings.¿As Standard Design Group Nurseries is a corporate entity, it must retain legal counsel. (See Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101.) Accordingly, an OSC re: Standard Design Group Nurseries’ Representation will be scheduled for March 21, 2024 at 8:30 am. At that time, Standard Design Group Nurseries must be prepared to appear with substitute counsel, and substitute counsel must be prepared to update the court as to counsel’s readiness to proceed to trial. 

Moving Party is ordered to give notice of this ruling.¿ 

IT IS SO ORDERED.¿ 

¿ 

Based on the foregoing, the court GRANTS the motion to be relieved as counsel.   

Attorney Shanda Beach is ordered to give notice of this ruling. 

IT IS SO ORDERED. 

DATED:  ¿March 1, 2024¿ 

_____________________________ 

Sarah J. Heidel 

Judge of the Superior Court