Judge: Theresa M. Traber, Case: 19STCV16203, Date: 2023-05-19 Tentative Ruling
Case Number: 19STCV16203 Hearing Date: January 3, 2024 Dept: 47
Tentative Ruling
Judge Theresa M. Traber, Department 47
HEARING DATE: January 3, 2024 JUDGMENT:
July 28, 2023
CASE: Colin McClintock v. Henry George Brennan
et al.
CASE NO.: 19STCV16203 Consolidated with 20STCV01975
MOTION
TO BE RELIEVED AS COUNSEL (x2)
MOVING PARTY: Attorneys Reed T. Aljian and Justin Daily of Daily
Aljian LLP.; counsel for Defendants George and Lisa Brennan
RESPONDING PARTY(S): No response on
eCourt as of 12/29/23
CASE
HISTORY:
STATEMENT
OF MATERIAL FACTS AND/OR PROCEEDINGS:
Plaintiff alleged that
Defendants engaged in elder abuse by inducing Plaintiff’s father to make
Defendant the sole beneficiary of a $200,000 life insurance policy. Judgment was entered on July 28, 2023.
Attorneys
Reed T. Aljian and Justin Daily of Daily Aljian LLP move to be relieved as
counsel for Defendants George and Lisa Brennan.
TENTATIVE RULING:
Attorneys Reed T. Aljian and Justin
Daily of Daily Aljian LLP move to be relieved as counsel for Defendants George
and Lisa Brennan.
Moving counsel filed all three required forms (MC-051,
-052, and -053) separately as to both Defendants and included a proof of
service as required by California Rules of Court rule 3.1362(d). Moving counsel’s declaration states that they served Defendants
by personal service. (MC-052 ¶ 3.)
In general, an attorney may withdraw with
or without cause so long as the withdrawal would not result in undue prejudice
to the client’s interest – i.e., counsel cannot withdraw at a critical point in
the litigation, because that would prejudice client, but can withdraw
otherwise. (Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904,
915.) The court has discretion to deny an attorney’s request to withdraw where
the withdrawal would work an injustice or cause undue delay in the proceeding,
but the court’s discretion in this area is one to be exercised reasonably. (Mandell
v. Superior Court (1977) 67 Cal.App.3d 1, 4.)
Here, trial in this matter has already
concluded and judgment entered (See MC-052 ¶ 4.) Defendant Lisa Brennan served
a notice of appeal from the judgment. (MC-052 ¶ 7.) The risk of any prejudice
to Defendants is therefore low. Moving Counsel’s declaration states grounds for
withdrawal exist under Rule of Professional Conduct 1.16(b)(4) (the client
renders it unreasonably difficult for the lawyer to carry out the
representation effectively) and (b)(5) (breach of a material term of the
agreement). (Cal. R. Prof. Conduct 1.16(b)(4)-(5); MC-052 ¶ 2.) In light of the
evidence of the breakdown in the relationship and the low risk of prejudice since
the trial has concluded, the Court finds that these circumstances warrant
withdrawal.
Accordingly, Attorneys Reed T. Aljian and
Justin Daily of Daily Aljian LLP’s Motion to Be Relieved as Counsel for
Defendant Henry George Brennan is GRANTED.
Accordingly, Attorneys Reed T. Aljian and
Justin Daily of Daily Aljian LLP’s Motion to Be Relieved as Counsel for
Defendant Lisa Brennan is GRANTED.
This
ruling is conditioned on Moving Counsel serving written notice of this order on
all parties and filing proof of service with the Court.
IT IS SO ORDERED.
Dated: January 3,
2024 ___________________________________
Theresa
M. Traber
Judge
of the Superior Court
Any party may submit on the
tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day
before the hearing. All interested parties must be copied on the email. It
should be noted that if you submit on a tentative ruling the court will still
conduct a hearing if any party appears. By submitting on the tentative you
have, in essence, waived your right to be present at the hearing, and you
should be aware that the court may not adopt the tentative, and may issue an
order which modifies the tentative ruling in whole or in part.