Judge: Upinder S. Kalra, Case: 19STCV04249, Date: 2023-03-20 Tentative Ruling

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Case Number: 19STCV04249    Hearing Date: March 20, 2023    Dept: 51

Tentative Ruling

Judge Upinder S. Kalra, Department 51

HEARING DATE:   March 20, 2023                                              

CASE NAME:           Be Well Nursing, LLC v. Success Healthcare 1, LLC

CASE NO.:                19STCV04249

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Plaintiff’s counsel Jilbert Tahmazian

RESPONDING PARTY(S): None as of March 15, 2023

REQUESTED RELIEF:

1.      An order granting attorney’s Motion to be Relieved as Counsel for Plaintiff

TENTATIVE RULING:

1.      Motion to be Relieved as Counsel is GRANTED.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

On February 7, 2019, Plaintiff Be Well Nursing, LLC (“Plaintiff”) filed a complaint against Defendants Success Healthcare 1, LLC dba Silver Lake Medical Center (“Defendant.”) The complaint alleged two causes of action: (1) Breach of Contract and (2) Common Counts. The complaint alleges that Defendant and Plaintiff entered an agreement and Defendants breached that agreement by failing to pay Plaintiff the balance due.

LEGAL STANDARD:

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other.   (Code of Civ. Proc., § 284, subd. (b).)  An attorney is permitted to withdraw where conflicts between the attorney and client make it unreasonable to continue the representation.  (See Cal. Rules of Prof. Conduct 3-700(C)(1).)  “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.)   

An application to be relieved as counsel must be made on Judicial Counsel Form MC-051 (Notice of Motion and Motion) (Cal. Rules of Court 3.1362(a)), MC-052 (Declaration) (Cal. Rules of Court 3.1362(c)), and MC-053 (Proposed Order) (Cal. Rules of Court 3.1362(e)).   

Further, the requisite forms must be served on the client and all other parties who have appeared in the case.  (Cal. Rules of Court 3.1362(d).)  The court may delay effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court.  (Cal. Rules of Court 3.1362(e).) 

ANALYSIS:

Plaintiff’s Counsel, Jilbert Tahmazian, moves to be relieved as counsel.

            In the Declaration in Support of Attorney’s Motion to be Relieved as Counsel, counsel indicates that Plaintiff is a limited liability company and counsel cannot be relieved under CCP § 284(1) because Plaintiff cannot self-represent. It further states that counsel spoke with Plaintiff’s principal, Annette Zargaryan, and have both agreed to end the attorney/client relationship. Plaintiff will seek to hire other counsel to continue representation.

“The rule is clear in this state that, with the sole exception of small claims court, a corporation cannot act in propria persona in a California state court.” (Thomas G. Ferruzzo, Inc. v. Superior Court (1980) 104 Cal.App.3d 501, 503.) However, the court went on to say the following:

The first is the principle supported by Merco that a corporation may not proceed in propria persona. The second is that an attorney, given proper grounds, may be permitted by the court to withdraw as attorney of record. (Code Civ.Proc., s 284.) These two concepts are not inconsistent in the case of a corporate client. An attorney may be allowed to withdraw without offending the rule against corporate self-representation.

(Id. at 504.)

Here, from the Declaration submitted by Jilbert Tahmazian, it appears that the client is agreeable to have counsel relieved and understand their obligation to obtain counsel in order to continue to prosecute these claims.

Conclusion:

            For the foregoing reasons, the Court decides the pending motion as follows:

Motion to be Relieved as Counsel is GRANTED effective upon filing proof of service of this order on each Defendant.

.

OSC re: status of new counsel or dismissal if counsel is not retained on June 20, 2023 at 8:30 AM.

Moving party is to give notice.

IT IS SO ORDERED.

Dated:             March 20, 2023                       __________________________________                                                                                                                Upinder S. Kalra

                                                                                    Judge of the Superior Court