Judge: Theresa M. Traber, Case: 24STCV06373, Date: 2024-08-28 Tentative Ruling

Case Number: 24STCV06373    Hearing Date: August 28, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     August 28, 2024                     TRIAL DATE: NOT SET

CASE:                         Xuan Hu v. RBL Holding LLC et al.

CASE NO.:                 24STCV06373           

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Attorney Alexander Chen, counsel for Plaintiff.

RESPONDING PARTY(S): No response on eCourt as of 08/23/24

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is a lemon law action filed on March 14, 2024. Plaintiff purchased a 2020 McLaren 720S on September 16, 2023 which Plaintiff alleges contained numerous electrical and engine defects as the result of previous after-market modifications.

Attorney Alexander Chen moves to be relieved as counsel for Plaintiff.

TENTATIVE RULING:

Attorney Alexander Chen moves to be relieved as counsel for Plaintiff.

Moving counsel filed all three required forms (MC-051, -052, and -053) and filed proofs of service with the Court. Moving counsel served the motion on Defendant by mail and confirmed the address is current by conversation (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 is not yet set, and the only other hearing on calendar is a case management conference set to coincide with this hearing. The risk of prejudice to Plaintiff is therefore low. Moving Counsel states that withdrawal is necessary because Plaintiff has ceased responding to counsel. (MC-052 ¶ 2.) Given 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 Alexander Chen’s Motion to be Relieved as Counsel for Plaintiff is GRANTED.

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

IT IS SO ORDERED.

Dated:  August 28, 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.