Judge: Theresa M. Traber, Case: 23STCV26607, Date: 2024-11-21 Tentative Ruling

Case Number: 23STCV26607    Hearing Date: November 21, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

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

CASE:                         Jonathan Kendrick v. Jeff Moses

CASE NO.:                 23STCV26607           

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Attorney Sally Chan on behalf of West Themis Law, PC

RESPONDING PARTY(S): No response on eCourt as of 11/18/24

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is a defamation action that was filed on October 30, 2023. Plaintiff alleges that Defendant accused Plaintiff of fraud in correspondence with one of Plaintiff’s business associates, damaging that relationship.

Attorney Sally Chan, on behalf of West Themis Law, PC, moves to be relieved as counsel for Plaintiff.

TENTATIVE RULING:

Attorney Sally Chan, on behalf of West Themis Law, PC, moves to be relieved as counsel for Plaintiff.

Moving Counsel filed all three required forms (MC-051, -052, and -053) and filed proof of service by mail with the Court. Moving Counsel served the motions on the Plaintiff by mail and confirmed that the address is current by telephone. (MC-052 ¶ 3(b).)

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 not yet set. (MC-052 ¶ 6.) The only other hearing in this matter is a Case Management Conference set to coincide with the hearing on this motion. The risk of prejudice to Plaintiff is therefore low. Moving Counsel states that withdrawal is necessary because there has been a breach of the retainer agreement between Plaintiff and counsel. (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 Sally Chen’s Motion to be Relieved as Counsel for Plaintiff is GRANTED.

            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:  November 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.