Judge Theresa M. Traber, Case Number: 23STCV01504, Date: 2023-06-22 Tentative Ruling

Judge: Theresa M. Traber, Case: 23STCV01504, Date: 2023-06-22 Tentative Ruling

Case Number: 23STCV01504 Hearing Date: June 22, 2023 Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE: June 22, 2023 TRIAL DATE: Not Set

CASE: Paul Black v. Everlasting International Management

CASE NO.: 23STCV01504

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Sheldon Rosenfield of the Law Offices of Sheldon Rosenfield, counsel for Defendant Everlasting International Management

RESPONDING PARTY(S): None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

On January 24, 2023, Plaintiff Paul Black (“Plaintiff”), individually and on behalf of all aggrieved employees, filed the Complaint against Defendant Everlasting International Management (“Defendant”) and Does 1 through 10 for (1) penalties pursuant to Labor Code section 2699(f) for violations of Labor Code sections 226.7, 512, 558, 510, 1194, 1194.2, 226(a), (e), 201-203, 204(a)(b), 1174(d), 2802, 212(a)(2), 213, 210, 218, 222, 6400, 6401, 6403, 6404, 6407, 8 CCR 3202, 17200.

Defendant’s counsel, Sheldon Rosenfield (“Counsel”), moves the court for an order permitting the attorney to be relieved as attorney of record in this action. The motion is made pursuant to Code of Civil Procedure section 284 and California Rules of Court, rule 3.1362.

TENTATIVE RULING:

The Motion to Be Relieved as Counsel for Defendant, Everlasting International Management, is denied without prejudice.

DISCUSSION:

“The attorney in an action or special proceeding may be changed at any time before or after judgment of final determination, as follows: (1) Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; (2). Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.” (Cal. Code Civ. Proc. §284(2)).¿

Rules of Court, Rule 3.1362 requires: (1) a notice of motion and motion¿to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel Civil form (MC-051)); (2) a declaration¿stating in general terms, and without compromising the confidentiality of the attorney client relationship, why a motion under Code of Civil Procedure section 284(2), is brought instead of filing a consent under Code of Civil Procedure section 284(1) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel Civil form (MC-052)); (3) a proof of service of the notice¿of motion and motion, declaration, and proposed order on the client and on¿all other parties¿who have appeared in the case; and (4) a¿proposed order¿relieving counsel (prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel Civil form (MC-053). (Rules of Court, rule 3.1362, subd. (a), (c), (d), (e).)

Here, Counsel filed a Notice of Motion and Motion to Be Relieved as Counsel (MC-051), an Order Granting Attorney’s Motion to Be Relieved as Counsel (MC-053), and a Declaration in Support of Attorney’s Motion to Be Relieved as Counsel (MC-052) on the appropriate forms, as outlined within California Rules of Court, rule 3.1362, subdivisions (a), (c), and (e). (Cal. Rules of Court, rule 3.1362, subd. (a), (c), (e).)

Counsel declares “[t]here is a breakdown in the relationship between attorney and client” and “[c]lient has failed to pay attorneys incurred costs and attorneys fees in breach of the parties written free agreement.” (MC-052, Item #2.) The Court is satisfied that Counsel has a sufficient reason to withdraw.

Also, it does not appear that Defendant will be prejudiced if Counsel’s motion is granted. Trial is not yet set. The next hearing in this matter is a Post Mediation Status Conference and Trial Setting Conference on September 25, 2023. There is sufficient time for Defendant to secure new counsel before the Post Mediation Status Conference and Trial Setting Conference.

However, while Counsel served Defendant by mail at its last known address and provides proof of service, Counsel was unable to confirm the address was current or locate a more current address after calling Defendant’s last known telephone number(s). (MC-052 Item #3.) The Court finds these efforts alone to be insufficient in attempting to confirm the address of Defendant. Under Rules of Court, rule 3.1362 subdivision (d)(1)(B), Counsel must make “reasonable efforts” to determine the current address of the client before service is effectuated at the client’s last known address. Counsel should set forth additional facts concerning Counsel’s attempt in confirming the Defendant’s address is current.

Therefore, Court denies the motion without prejudice.

CONCLUSION:

The Motion to Be Relieved as Counsel for Defendant, Everlasting International Management, is denied without prejudice. Moving Counsel to give notice.

IT IS SO ORDERED.

Dated: June 22, 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.