Judge: Thomas D. Long, Case: 22STCV29295, Date: 2025-04-03 Tentative Ruling
Case Number: 22STCV29295 Hearing Date: April 3, 2025 Dept: 48
SUPERIOR
COURT OF THE STATE OF CALIFORNIA
FOR THE
COUNTY OF LOS ANGELES - CENTRAL DISTRICT
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MEGAN LEE, Plaintiff, vs. RCD CAPITAL LLC, et al., Defendants. |
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[TENTATIVE] ORDER DENYING MOTIONS TO BE RELIEVED
AS COUNSEL Dept. 48 8:30 a.m. April 3, 2025 |
Anne-Leith
Matlock (counsel of record for Defendants RCD Capital LLC, RCD Capital Inc., and
Steven Lee) seeks to be relieved as counsel.
Counsel’s declaration states that there is a fundamental breakdown in the
attorney-client relationship has occurred and continued representation is unreasonably
difficult. Defendants failed to communicate,
failed to follow legal advice, failed to fulfill obligations, and fundamentally
disagree over case strategy. No party opposed
the motion.
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
substantially comply with California Rules of Court, rule 3.1362.
A
jury trial is scheduled for June 16, 2025, with the Final Status Conference on June
2, 2025. Withdrawing only two months before
trial is prejudicial to Defendants. The entity
defendants will be especially prejudiced by the late withdrawal because “a corporation
cannot represent itself in a court of record either in propria persona or through
an officer or agent who is not an attorney.”
(Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002)
99 Cal.App.4th 1094, 1101.)
Additionally,
the proposed orders are incomplete. They
do not include the clients’ current or last known addresses and telephone numbers,
which is required.
The
motions to relieve counsel are DENIED.
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. If all parties
in the case submit on the tentative ruling, no appearances before the Court are
required unless a companion hearing (for example, a Case Management Conference)
is also on calendar.
Dated this 3rd day of April 2025
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Hon. Thomas D. Long Judge of the Superior
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