Judge: Stephen P. Pfahler, Case: 21STCV31033, Date: 2024-03-04 Tentative Ruling

Case Number: 21STCV31033    Hearing Date: March 4, 2024    Dept: 68

Dept. 68

Date: 3-4-24 a/f 4-17-24

Case # 21STCV31033

Trial Date: 4-29-24 c/f 3-11-24

RELIEVED AS COUNSEL

MOVING ATTORNEY: Larson LLP

CLIENT:  Plaintiff, T1 Payments, LLC

RELIEF REQUESTED

Motion to Be Relieved as Counsel of Record

SUMMARY OF ACTION

On August 23, 2021, Plaintiff T1 Payments, LLC a Nevada Limited Liability Company, filed a complaint for Misappropriation of Trade Secret, Breach of Fiduciary Duty, Breach of Duty of Loyalty, Breach of Duty of Confidentiality, and Conversion. On February 23, 2023, Plaintiff filed a Notice Of Stay of Proceedings following its January 30, 2023, filing of a Chapter 7 Bankruptcy in Nevada District Court. On August 22, 2023, the court declined to impose any stay of the action based on Plaintiff’s bankruptcy petition.

RULING: Granted.

Counsel for plaintiff T1 Payments, LLC moves to be relieved as counsel of record, due to the inability to represent Plaintiff. Control of the entity vested with bankruptcy estate trustee, who indicated that new counsel would represent the entity. No substitution occurred, thereby necessitating the subject motion.

“The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) The court accepts the representation of the bankruptcy trustee electing to appoint new counsel for the entity, and therefore the necessity for relief approximately six weeks before the new trial date. The motion complies with all procedural requirements. The motion is therefore granted.

Order not effective until service on the client, and bankruptcy trustee. The corporate entity, in whatever form, cannot appear in the action without representation from an admitted attorney, if applicable. (Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 731.)

Trial remains set for April 29, 2024.

Moving attorney to provide notice.