Judge: Theresa M. Traber, Case: 22STCV13206, Date: 2022-10-12 Tentative Ruling

Case Number: 22STCV13206    Hearing Date: October 12, 2022    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     October 12, 2022                               TRIAL DATE: NOT SET 

CASE:                         Pure Home Remodeling, Inc., v. The Right Choice Home Remodeling, Inc., et al. 

CASE NO.:                 22STCV13206

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Jamie Lefkowiz, Counsel for Plaintiff

RESPONDING PARTY(S): No opposition on eCourt as of October 10, 2022.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

This is an action for invasion of privacy, fraud, and unfair competition that was filed on April 20, 2022. 

Attorney Jamie Lefkowitz, Counsel for Plaintiff, moves to be relieved as counsel.  

TENTATIVE RULING:

Attorney Jamie Lefkowitz’s motion to be relieved as counsel is GRANTED on the condition that Moving Counsel submit, by the date of the hearing, proof of service under penalty of perjury of the motion on all parties showing that the motion was timely served for the hearing.

            If Moving Counsel fails to do so, the motion will be DENIED without prejudice.

DISCUSSION:

Attorney Jamie Lefkowitz moves to be relieved as counsel for Plaintiff Pure Home Remodeling, Inc.

Moving counsel filed all three required forms (MC-051, -052, and -053). However, Moving Counsel did not include a proof of service with any of the forms indicating that the forms were served on the opposing parties and the client 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 is current by conversation and email. (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, the matter is not yet set for trial (MC-052 ¶ 6.) The only other outstanding hearing in this matter is a case management conference set for the same date as this motion by stipulation of the parties. (MC-052 ¶¶ 4-5.) The risk of prejudice to Plaintiff is therefore low. Further, moving counsel declares that continued representation is impossible because Plaintiff has not complied with certain terms in the representation agreement. (MC-052 ¶ 2; Attach. ¶ 4.) Assuming that proper service of the moving papers was made, these facts, as presented, would warrant withdrawal. However, the Court cannot permit withdrawal without verification that the moving papers were served on all parties.

Accordingly, the motion to be relieved as counsel is GRANTED condition that Moving Counsel submit, by the date of the hearing, proof of service under penalty of perjury of the motion on all parties showing that the motion was timely served for the hearing.

            If Moving Counsel fails to do so, the motion will be DENIED without prejudice.

            Moving Party to give notice.

IT IS SO ORDERED.

Dated:   October 12, 2022                               ___________________________________

                                                                                    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.