Judge: Teresa A. Beaudet, Case: 22STCV19257, Date: 2022-10-24 Tentative Ruling

Case Number: 22STCV19257    Hearing Date: October 24, 2022    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Derek S. Chaiken, Esq. of Merlin Law Group (“Counsel”) moves to be relieved as counsel for Plaintiffs Shaun Tan (“Tan”) and Haller LLC (“Haller”).

While Counsel has provided sufficient reason for withdrawal, the Court notes a number of defects with the motions.

First, no proof of service was filed with either motion indicating that the moving papers were served on Counsel’s clients or the other parties in the action. Pursuant to Cal. Rules of Court, rule 3.1362(d), “[t]he notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case.” 

Second, Item 4 of Counsel’s declaration in support of the motion pertaining to Tan incorrectly indicates that the next hearing scheduled in this action is not yet set. The Court notes that there is a November 10, 2022 Case Management Conference. Similarly, Item 7 of the proposed orders for both motions do not list the Case Management Conference. Pursuant to Cal. Rules of Court, rule 3.1362(e), “[t]he proposed order relieving counsel…must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known.”

 Third, the second page of Counsel’s declaration in support of the motion pertaining to Haller is missing. Instead, the second page of Form MC-053 (Order Granting Attorney’s Motion to Be Relieved as Counsel) is attached to the declaration.

Fourth, Items 3, 5, and 6 of the proposed orders are blank.  

Because of the issues identified above, the motions are denied without prejudice. Counsel is ordered to give notice of this order.

DATED:  October 24, 2022                           ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court