Judge: William A. Crowfoot, Case: 19BBCV00181, Date: 2023-02-14 Tentative Ruling

Case Number: 19BBCV00181    Hearing Date: February 14, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – NORTHEAST DISTRICT

I.         BACKGROUND

On February 27, 2019, plaintiff Jesse Weiner (“Plaintiff”) filed this employment law action.  On September 3, 2020, Plaintiff filed the operative Second Amended Complaint against defendants Jian-Xiang Shi (named Shi Jianxiang in the original complaint), Qinghua Chen, Fukang Wan (aka Frank Wan and Fakang Zhang), Moregain Pictures, Inc., Moregain Capital Group, U.S.-China Motion Picture Association (dba Fight to Fame), Sunland Entertainment, LLC, and Jaguar Entertainment Group, Inc.  Trial is currently scheduled for January 8, 2024.

 Defendants Morgain Capital Group, U.S.-China Motion Picture Association, Sunland Entertainment, LLC, and Jaguar Entertainment Group, Inc.’s counsel of record, Michael Chen, has filed motions to be relieved as counsel of record for each of the aforementioned defendants.  The motions are unopposed.   

II.        LEGAL STANDARD

“The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: ¶ 1.  Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; ¶ 2.  Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.”  (Code Civ. Proc., § 284.)

Under California Rules of Court, rule 3.1362, an attorney moving to be relieved as counsel must do the following:

(1)  File a notice of motion and motion directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel -- Civil form (MC-051));

(2)  Submit a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1) (made on the Declaration in Support of Attorney’s Motion to Be Relieved as Counsel -- Civil form (MC-052));

(3)  Serve the notice of motion and motion, declaration, and proposed order on the client and on all other parties who have appeared in the case; and

(4)  Lodge a proposed order relieving counsel (prepared on the Order Granting Attorney’s Motion to be Relieved as Counsel -- Civil form (MC-053)).

“The question of granting or denying an application of an attorney to withdraw as counsel (Code Civ. Proc., § 284, subd. (2)) is one which lies within the sound discretion of the trial court ‘having in mind whether such withdrawal might work an injustice in the handling of the case.’”  (People v. Prince (1968) 268 Cal.App.2d 398, 406 [internal quotations omitted].)  The court should also consider whether the attorney’s “withdrawal can be accomplished without undue prejudice to the client’s interests.”  (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)    

III.      DISCUSSION

On February 3, 2023, attorney Michael Chen filed a notice of motion and motion to be relieved as counsel for each of the following defendants in this action: Morgain Capital Group, U.S.-China Motion Picture Association, Sunland Entertainment, LLC, and Jaguar Entertainment Group, Inc. That same day, Mr. Chen also filed declarations in support (Form MC-052) and proposed orders (Form MC-053). Finally, Mr. Chen filed proof that the notices of motion and motions, declarations in support, and proposed orders were served on all the interested parties to this action. Mr. Chen has fulfilled the filings requirements to be relieved as counsel for Morgain Capital Group, U.S.-China Motion Picture Association, Sunland Entertainment, LLC, and Jaguar Entertainment Group, Inc.

The Court continued Mr. Chen’s previous motions to be relieved as counsel, finding that the upcoming May 17, 2023 status conference was not listed on the proposed orders (Form MC-053) Mr. Chen filed on January 9 and 10, 2023. Mr. Chen’s renewed filings on February 3, 2023 have corrected this error. The motions are therefore properly granted.

IV.      CONCLUSION

The Motions to be Relieved as Counsel for Morgain Capital Group, U.S.-China Motion Picture Association, Sunland Entertainment, LLC, and Jaguar Entertainment Group, Inc. are GRANTED.

Moving party to give notice. 

            Parties who intend to submit on this tentative must send an email to the Court at alhdept3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.