Judge: Theresa M. Traber, Case: 21STCV04763, Date: 2023-08-14 Tentative Ruling

Case Number: 21STCV04763    Hearing Date: October 19, 2023    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     October 19, 2023                   TRIAL DATE: December 5, 2023

CASE:                         Susan Primorac v. 901 South Broadway Limited Partnership, et al.

CASE NO.:                 21STCV04763           

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Attorney Levi Ruben Uku, counsel for Defendant Royal Security Group

RESPONDING PARTY(S): No response on eCourt as of 10/16/23

CASE HISTORY:

·         02/08/21: Complaint filed

·         06/25/21: Cross-Complaint filed by 901 South Broadway, LP as to Susan Primorac and Royal Security Group, Inc.

·         11/17/22: First Amended Complaint filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff rented an apartment in Defendants’ building. She alleges that the building’s security guard physically attacked her, which caused her to suffer from Post-Traumatic Stress Disorder (PTSD), and that Defendants refused to rent her a parking space to accommodate her disability (the PTSD). 

In a cross-complaint, Defendant 901 South Broadway alleges that Plaintiff breached the written lease agreement, and that Defendant Royal Security was negligent in performing its duties. 

Attorney Levi Ruben Uku, counsel for Defendant Royal Security Group, moves to be relieved as counsel.

TENTATIVE RULING:

Attorney Levi Ruben Uku, counsel for Defendant Royal Security Group, moves to be relieved as counsel.

Moving counsel filed all three required forms (MC-051, -052, and -053) 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 Defendant by mail and confirmed the address is current by way of internet mapping services, due to the complete loss of contact with Defendant’s President and CEO. (MC-052 ¶¶ 2-3.)

In general, an attorney may withdraw with or without cause where 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, the matter is set for trial on December 5, 2023, and the next motion on calendar is a Special Motion to Strike under Code of Civil Procedure section 425.16, scheduled for November 3, 2023. The motion does not involve Defendant Royal Security Group, however, as it was brought by Plaintiff to challenge the Amended Cross-Complaint filed by Defendant 901 South Broadway, LP.  In any event, Moving Counsel’s declaration states that he is no longer able to represent Plaintiff due to a breakdown in the attorney-client relationship because of a complete absence of communication from Defendant’s President and CEO since February of 2023.  (MC-052 ¶ 2.) In light of these circumstances, the Court finds that, although the risk of prejudice to Defendant is high due to the proximity of trial and the substantive motions on calendar, the total lack of communications from Defendant warrants withdrawal.

Accordingly, Attorney Levi Ruben Uku’s Motion to Be Relieved as Counsel for Defendant Royal Security Group is GRANTED, contingent on Moving Counsel serving notice on all parties within 10 days of this order.

The Court sets a status conference re: retention of new counsel for Defendant Royal Security Group for Friday, November 17, 2023, at 8:30 AM.

IT IS SO ORDERED.

Dated: October 19, 2023                                 ___________________________________

                                                                                    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.