Judge: Thomas D. Long, Case: 20STCV46588, Date: 2023-06-22 Tentative Ruling

Case Number: 20STCV46588    Hearing Date: June 22, 2023    Dept: 48

 

                                                                                                  

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

BORIS GORBIS, et al.,

                        Plaintiffs,

            vs.

 

H.F. MENEFEE, JR., et al.,

 

                        Defendants.

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      CASE NO.: 20STCV46588

 

[TENTATIVE] ORDER GRANTING MOTIONS TO BE RELIEVED AS COUNSEL

 

Dept. 48

8:30 a.m.

June 22, 2023

 

Marc E. Rohatiner, counsel of record for Plaintiffs Boris Gorbis and Eda Gorbis (individually and as trustees of the Gorbis Family 2004 Trust, Dated February 10, 2004), seeks to be relieved as counsel.  Counsel’s declaration states that there has been a breakdown in the attorney-client relationship, including failure to communicate, and Plaintiffs’ uncooperativeness renders it difficult for counsel to carry out effective representation.

Absent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted.  (People v. Prince (1968) 268 Cal.App.2d 398, 406.)  Counsel’s motions comply with California Rules of Court, rule 3.1362.  Trial has not yet been set, and there is no prejudice to Plaintiffs.

The unopposed motions to be relieved are GRANTED and effective upon filing a proof of service showing service of the signed Form MC-053 orders and this order on Boris Gorbis, Eda Gorbis, and all parties who have appeared.

However, “[a] non-attorney trustee who represents the trust in court is representing and affecting the interests of the beneficiary and is thus engaged in the unauthorized practice of law.”  (Ziegler v. Nickel (1998) 64 Cal.App.4th 545, 549.)

An Order to Show Cause Re: Failure to Retain New Counsel for Trustees is scheduled for 07/27/2023 at 8:30 AM in Department 48 at Stanley Mosk Courthouse.  Boris Gorbis and Eda Gorbis, as trustees, must retain new counsel before that date or the Court may dismiss claims brought on behalf of the trust.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

 

       Dated this 22nd day of June 2023

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court