Judge: Upinder S. Kalra, Case: 20STCV19252, Date: 2022-08-31 Tentative Ruling

Case Number: 20STCV19252    Hearing Date: August 31, 2022    Dept: 51

Tentative Ruling

Judge Upinder S. Kalra, Department 51

HEARING DATE:   August 31, 2022                                             

CASE NAME:            Dawn Dangaard, et al. v. International Entertainment

CASE NO.:                20STCV19252

DEFENDANT’S MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Defendant Amanda Gullesserian

RESPONDING PARTY(S): None as of August 5, 2022

REQUESTED RELIEF:

1.      An order relieving Fritz Clapp as counsel for Defendant

TENTATIVE RULING:

Motion to be Relieved as Counsel is GRANTED.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

On May 2, 2020, Plaintiff Dawn Dangaard aka Alan Evans, Jennifer Allbaugh aka Ruby, and Kelly Gilbert aka Kelly Pierce (“Plaintiffs”) filed a complaint against Defendants International Entertainment Adult Union, Amanda Gullesserian, and Does 1 through 10 (“Defendants”). The complaint alleges four causes of action for breach of contract and defamation. The complaint alleges that the Plaintiffs entered agreements to be paid for services, but Defendant has failed to pay. Additionally, Defendants sent out a false press release and made defamatory comments about Plaintiffs.

On November 17, 2020, Plaintiffs filed a First Amended Complaint.

On December 22, 2020, Defendants filed an Answer.

On December 22, 2020, Defendant International Entertainment Adult Union filed a Cross-Complaint against Plaintiffs. An Amended Cross-Complaint was filed on January 11, 2021.

On February 26, 2021, Plaintiffs/Cross-Defendants filed an Answer to the Cross-Complaint.

This current Motion to be Relieved as Counsel was filed on May 26, 2022.

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:

Defendant’s Counsel Fritz Clapp moves to be relieved as counsel. The Declaration provided indicates that there are irreconcilable differences on how the parties want to conduct the case. Mr. Clapp indicates that the clients have asked him to take actions he considered to be inconsistent with professional ethics. Additionally, there is a potential conflict of interest between the individual defendant and association defendant.

On August 17, 2022, Fritz Clapp filed a Proof of Service. It states that the Notice of Motion, the Motion to be Relieved as Counsel, and the Declaration in Support was served via US mail on May 26, 2022, and via email on June 2, 2022. The addresses were confirmed to be current within 30 days before filing of the motion and service of the notice of motion.

Conclusion:

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

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

Moving party is to give notice.

IT IS SO ORDERED.

Dated:             August 31, 2022                      _________________________________                                                                                                                  Upinder S. Kalra

                                                                                    Judge of the Superior Court