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

 

MEGAN LEE,

                        Plaintiff,

            vs.

 

RCD CAPITAL LLC, et al.,

 

                        Defendants.

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      CASE NO.: 22STCV29295

 

[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

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court