Judge: Theresa M. Traber, Case: 22STCV38959, Date: 2025-01-03 Tentative Ruling

Case Number: 22STCV38959    Hearing Date: January 3, 2025    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     January 3, 2025                     TRIAL DATE: NOT SET

CASE:                         Central Village Retail, LLC v. Central Village Apartments, LP

CASE NO.:                 22STCV38959           

MOTION TO BE RELIEVED AS COUNSEL (x2)

MOVING PARTY:               Attorney Daniel L. Germain, counsel for Defendants Central Village Apartments, LP and Deep Green Housing and Community Development

RESPONDING PARTY(S): No response on eCourt as of 12/30/24

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for breach of contract that was filed on December 15, 2022. Plaintiff owns the first floor of a four-story mixed-use building. Defendants own and manage the upper three stories. Plaintiff alleges that Defendants have failed to repair persistent leaks from the second floor into the first-floor spaces.

Attorney Daniel L. Germain, counsel for Defendants Central Village Apartments, LP and Deep Green Housing and Community Development, moves to be relieved as counsel.

TENTATIVE RULING:

Attorney Daniel L. Germain, counsel for Defendants Central Village Apartments, LP and Deep Green Housing and Community Development, moves to be relieved as counsel.

Moving counsel filed all three required forms (MC-051, -052, and -053) as to both parties and filed proof of service by mail with the Court. Moving counsel served the motions on the Defendants by mail and confirmed that the addresses were current by telephone conversation. (MC-052 ¶ 3(b).)

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 not yet been set, and the only other hearing in this matter is a Case Management Conference set for January 14, 2024 at 8:30 AM. The risk of prejudice to these Defendants is therefore low. Moving Counsel states that withdrawal is necessary because of an irretrievable breakdown in the attorney-client relationship. (MC-052 ¶ 2.) In light of the low risk of prejudice to the parties at this juncture, the Court finds that Moving Counsel has demonstrated good cause for withdrawal.

Accordingly, Attorney Daniel L. Germain’s Motion to be Relieved as Counsel for Defendant Central Village Apartments, LP is GRANTED.

Attorney Daniel L. Germain’s Motion to be Relieved as Counsel for Defendant Deep Green Housing and Community Development is GRANTED.

The Court sets a Status Conference Re: Retention of Substitute Counsel for February 3, 2025 at 8:30 AM, and continues the Case Management Conference to the same date and time. 

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

IT IS SO ORDERED.

Dated:  January 3, 2025                                  ___________________________________

                                                                                    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.