Judge: Theresa M. Traber, Case: 20STCV46939, Date: 2024-01-26 Tentative Ruling

Case Number: 20STCV46939    Hearing Date: March 8, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     March 8, 2024                        TRIAL DATE: August 27, 2024

CASE:                         7911 Oceanus, LLC et al. v. The Evergreen Advantage, LLC, et al.

CASE NO.:                 20STCV46939

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Attorney Gary S. Saunders, Counsel for Plaintiff Raquel Ohnona

RESPONDING PARTY(S): No response on eCourt as of 03/04/24

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action, filed on December 8, 2020, for wrongful foreclosure, quiet title, infliction of emotional distress, and fraudulent concealment. Plaintiffs seek to unwind a foreclosure sale which they contend was unlawful and invalid.

            Attorney Gary S. Saunders moves to be relieved as counsel for Plaintiff Raquel Ohnona

TENTATIVE RULING:

Attorney Gary S. Saunders moves to be relieved as counsel for Raquel Ohnona.

Moving counsel filed all three required forms (MC-051, -052, and -053) separately and included a proof of service as required by California Rules of Court rule 3.1362(d).  Moving counsel’s declaration states that he served Plaintiff by mail and confirmed the address was current by conversation. (MC-052 ¶ 3.)

In general, an attorney may withdraw with or without cause as 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 is set for August 27, 2024, at 10:00 AM. (MC-052 ¶¶ 6-7.) There is a Status Conference regarding Alternative Dispute Resolution set for May 7, 2024, at 9:00 AM, and a Final Status Conference set for August 12, 2024, at 9:00 AM. (Id. ¶ 5.) The risk of prejudice to Plaintiff is therefore low due to the distance of trial and absence of substantive motion hearings in the intervening period. Moving Counsel’s declaration states that counsel and Plaintiff have experienced irreconcilable differences. (MC-052 ¶ 2.) Given the evidence of the breakdown in the relationship and the low risk of prejudice at this juncture, the Court finds that these circumstances warrant withdrawal.

Accordingly, Attorney Gary S. Saunders’s Motion to Be Relieved as Counsel for Plaintiff Raquel Ohnona 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 March 8, 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.