Judge: Theresa M. Traber, Case: 23STCV02014, Date: 2024-03-08 Tentative Ruling

Case Number: 23STCV02014    Hearing Date: March 8, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     March 8, 2024                        TRIAL DATE: NOT SET

CASE:                         Charles Quick, et al. v. Cynthia Harris

CASE NO.:                 23STCV02014

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Attorney Byron B. Mauss, Counsel for Plaintiff Gerald Yates.

RESPONDING PARTY(S): No response on eCourt as of 03/05/24

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is a breach of contract action that was filed on January 30, 2023. Plaintiffs allege that they were hired by Defendant to perform construction and renovation services on an apartment building owned by Defendant. Plaintiffs allege that Defendant failed to pay in full for the work performed.

            Attorney Byron B. Mauss moves to be relieved as counsel for Plaintiff Gerald Yates.

TENTATIVE RULING:

Attorney Byron B. Mauss moves to be relieved as counsel for Plaintiff Gerald Yates.

Moving counsel filed all three required forms (MC-051, -052, and -053) separately 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 Plaintiff by mail and confirmed the address was current by telephone and by an overnight letter with return receipt requested. (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, trial in this matter is not yet set. (MC-052 ¶ 6.) There is a Case Management Conference scheduled at the same time as this motion. (Id. ¶ 5.) The risk of prejudice to Plaintiff is therefore low due to the early stage of the litigation. Moving Counsel’s declaration states that Plaintiff has breached a material term of his engagement agreement with counsel, such that withdrawal is warranted under Rule of Professional Conduct Rule 1.16(b)(5). (MC-052 ¶ 2.) Given the evidence presented and the low risk of prejudice at this juncture, the Court finds that these circumstances warrant withdrawal.

Accordingly, Attorney Byron B. Mauss’s Motion to Be Relieved as Counsel for Plaintiff Gerald Yates is GRANTED.

            This ruling is conditioned on Moving Counsel serving written notice of this order on all parties and filing proof of service with the Court.

IT IS SO ORDERED.

Dated March 8, 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.