Judge: Upinder S. Kalra, Case: 21STCV07255, Date: 2023-01-20 Tentative Ruling

Case Number: 21STCV07255    Hearing Date: January 20, 2023    Dept: 51

Judge Upinder S. Kalra, Department 51

HEARING DATE:   January 20, 2023                                            

CASE NAME:           Thomas A. Chesney, individually, and derivatively on behalf of TG Automotive, Inc. and Santa Clarita Tire & Service Inc. v. Gregory Andrew Chesney, et al.

CASE NO.:                21STCV07255

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Defendant’s Counsel Adam D. H. Grant

RESPONDING PARTY(S): None as of January 17, 2023

REQUESTED RELIEF:

1.      An order Granting Attorney’s Motion to be Relieved as Counsel for Defendant Gregory Andrew Chesney  

TENTATIVE RULING:

1.      Motion to be Relieved as Counsel is GRANTED.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

On February 24, 2021, Thomas A . Chesney ("Plaintiff'), individually and derivatively on behalf of TG Automotive, Inc. and Santa Clarita Tire & Service Inc. (collectively, the "Corporations") filed this action against his brother and business partner, Gregory Andrew Chesney ("Defendant"). This is an action by a director and shareholder of the Corporations to recover corporate assets misappropriated by Defendant.

On April 4, 2022, Plaintiff filed a Motion to Compel Deposition, which was GRANTED, in part.

On July 15, 2022, Defendant filed an Answer.

The current Motion to be Relieved as Counsel was filed on December 15, 2022. An ex parte application was filed December 19, 2022, to shorten and advance the hearing as to this matter, which was GRANTED. No Opposition has been filed as of January 17, 2023.

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:

            Adam D.H. Grant moves to be relieved as counsel for Defendant Gregory Andrew Chesney. The Declaration in Support of Attorneys’ Motion states that there has been a total breakdown in communication between client and counsel. This breakdown has prevented counsel from effectively representing Defendant.

            Counsel has provided all the required documents under California Rules of Court Rule 3.1362. The Proof of Service filed concurrently indicates that both Plaintiff’s counsel and Defendant Chesney have been served, via email and mail.

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 Defendant.

Moving party is to give notice.

IT IS SO ORDERED.

Dated:             January 20, 2023                     _________________________________                                                                                                                  Upinder S. Kalra

                                                                                    Judge of the Superior Court