Judge: Upinder S. Kalra, Case: 22STCV13103, Date: 2023-03-07 Tentative Ruling

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Case Number: 22STCV13103    Hearing Date: March 7, 2023    Dept: 51

Tentative Ruling

Judge Upinder S. Kalra, Department 51

HEARING DATE:   March 7, 2023                                    

CASE NAME:           S and S Group, LLC v. Gary Itkin

CASE NO.:                22STCV13103

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Plaintiff’s counsel, Timothy Krantz

RESPONDING PARTY(S): None as of March 2, 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 April 19, 2022, Plaintiff S and S Group, LLC (“Plaintiff”) file da complaint against Defendant Gary Itkin (“Defendant.”) The complaint alleged one cause of action for Breach of Personal Guaranty Agreement. Plaintiff alleges that they made a $50,000 loan to Bidz.com, which has since defaulted on that loan due to lack of payments. Plaintiff alleges that Defendant Gary Itkin was required to sign a personal guaranty agreement, which indicated Defendant would personally and unconditionally guarantee all present and future obligations of Bidz. As a result of the default, Defendant is indebted for the amounts owed by Bidz.

On August 26, 2022, Defendant Garry Itkin filed an Answer.

The current Motion to be Relieved as Counsel was filed on December 1, 2022. No opposition has been filed as of March 2, 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:

Plaintiff’s Counsel, Timothy Krantz, moves to be relieved as counsel.

In the Declaration in Support of Attorney’s Motion to be Relieved as Counsel, counsel indicates that there has been a breakdown in the working relationship between counsel and client. The specific facts are confidential and would require an in camera hearing if further information is desired. (Dec. in Support, ¶ 2.)

Counsel has provided all the required documents under California Rules of Court Rule 3.1362. The Proof of Service filed concurrently indicates that Defendant was served via mail as well as Plaintiff. Paragraph 3 of the Declaration in Support indicates that Plaintiff’s address was confirmed within the last 30 days via a conversation and the Secretary of State Website. The address is in La Canada.

Motion to be Relieved as Counsel is GRANTED.

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:             March 7, 2023             __________________________________                                                                                                                Upinder S. Kalra

                                                                                    Judge of the Superior Court