Judge: Theresa M. Traber, Case: 21STCV14627, Date: 2024-06-21 Tentative Ruling

Case Number: 21STCV14627    Hearing Date: June 21, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     June 21, 2024             TRIAL DATE: NOT SET

CASE:                         Carlos Torres, et al. v. Alvarado LLC, et al.

CASE NO.:                 21STCV14627           

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Attorney Michael J. Danner, Counsel for Defendant Alvarado LLC

RESPONDING PARTY(S): N/A, but see below re: Plaintiffs’ improper opposition

CASE HISTORY:

·         04/16/21: Complaint filed.

·         07/07/22: Action stayed for bankruptcy proceeding by Moussa Kashani.

·         03/11/24: Dismissal entered as to Moussa Kashani.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for breach of contract and fraud. Plaintiffs allege that Defendants breached a settlement agreement in a previous habitability action.

Attorney Michael J. Danner moves to be relieved as counsel for Defendant Alvarado LLC

TENTATIVE RULING:

Attorney Michael J. Danner moves to be relieved as counsel for Defendant Alvarado LLC

Plaintiffs’ Improper Opposition

            Plaintiffs’ counsel, Ashley Soto, filed a declaration purporting to oppose the motion to be relieved as counsel. As Plaintiff is not a party to the attorney-client relationship at issue on this motion, Plaintiff does not have standing to oppose this motion, nor does his counsel. The Court therefore refuses to consider the Soto Declaration.

Analysis

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 at the P.O. box which is his last known address. (MC-052 ¶ 3(a)(2).) Moving Counsel states that he confirmed the address is current by conversation with an attorney who is in contact with Moussa Kashani, the sole member of the LLC. (MC-052 ¶ 3(b)(1).) Moving Counsel states that Kashani has no phone and is in the process of being evicted from his current residence. (MC-052 ¶ 2.)

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 to be exercised reasonably. (Mandell v. Superior Court (1977) 67 Cal.App.3d 1, 4.)   

Here, the matter is not yet set for trial, and the only other hearing on calendar is a Status Conference and Case Management Conference at 8:30 AM on July 18, 2024. (MC-052 ¶¶ 4, 6.) The risk of prejudice to Defendant is therefore low. Moving Counsel’s declaration states that the sole member of the LLC will not communicate with him, and Moving Counsel is not being paid for his services, and, therefore, it is not possible to continue representing Defendant. (MC-052 ¶ 2.) Given the evidence of a breakdown in the attorney-client relationship and the low risk of prejudice to Defendant, the Court finds that these circumstances warrant withdrawal.

            Accordingly, Attorney Michael J. Danner’s Motion to be Relieved as Counsel is GRANTED.

            The Court sets a Status Conference Re: Retention of Substitute Counsel by Defendant Alvarado, LLC for July 18, 2024 to coincide with the Case Management Conference scheduled for that date.

            This ruling is conditioned on Moving Counsel giving notice to all parties of the ruling and filing proof of service of that notice with the Court.

IT IS SO ORDERED.

Dated:  June 21, 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.