Judge: Theresa M. Traber, Case: BC562415, Date: 2024-11-15 Tentative Ruling

Case Number: BC562415    Hearing Date: November 15, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     November 15, 2024               TRIAL DATE: NOT SET

CASE:                         Michael S. Yu, et al. v. Bank of the West, et al.

CASE NO.:                 BC562415

MOTION TO BE RELIEVED AS COUNSEL (x2)

MOVING PARTY:               Attorney John M. Moscarino, counsel for Defendants Commercial Loan Solutions, LLC and Commercial Loan Solutions III, LLC

RESPONDING PARTY(S): No response on eCourt as of 11/13/24

CASE HISTORY:

• 10/30/14: Complaint filed.
• 10/15/15: First Amended Complaint filed.
• 01/25/16: Second Amended Complaint filed.
• 12/30/20: Remittitur issued.
• 07/05/22: Request for Dismissal filed as to Defendant Bank of the West.
• 10/17/23: Final Statement of Decision issued on Phase I of trial.
• 12/14/23: Judgment entered as to Defendant Delano Retail Center West, LLC in favor of Delano and against all other parties.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is a real property dispute. Plaintiffs allege that, after defaulting on a loan, they were fraudulently induced to liquidate their real property, which was wrongfully obtained by Defendants for a fraction of its actual value and thereafter sold.

Attorney John M. Moscarino moves to be relieved as counsel for Defendants Commercial Loan Solutions, LLC and Commercial Loan Solutions III, LLC.

TENTATIVE RULING:

Attorney John M. Moscarino moves to be relieved as counsel for Defendants Commercial Loan Solutions, LLC and Commercial Loan Solutions III, LLC.

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 email and 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, the first phase of trial in this matter has concluded, and the second phase of trial has not yet been set. Further, the only other hearing in this matter is a Status Conference set to coincide with the hearings on these motions. The risk of prejudice to these Defendants is therefore low. Moving Counsel states that withdrawal is necessary because both clients have assigned all their property to CLS ABC in an assignment for the benefit of creditors filed in Hennepin County, Minnesota, and the clients have been placed into receivership. (MC-052 ¶ 2.) Moving Counsel states that the clients therefore have no assets with which to honor their fee agreements with counsel. (Id.) 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 John M. Moscarino’s Motion to be Relieved as Counsel for Commercial Loan Solutions, LLC is GRANTED.

            Attorney John M. Moscarino’s Motion to be Relieved as Counsel for Commercial Loan Solutions III is GRANTED.

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

            The Court sets a Status Conference Re: Retention of Counsel for Corporate Defendants for Wednesday, January 15, 2025 at 8:30 A.M.

IT IS SO ORDERED.

Dated:  November 15, 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.