Judge: Yolanda Orozco, Case: 21STCV22206, Date: 2022-07-25 Tentative Ruling

Case Number: 21STCV22206    Hearing Date: July 25, 2022    Dept: 31

MOTION TO BE RELIEVED AS COUNSEL IS GRANTED 

Background

On June 14, 2021, Plaintiffs Greg and Lisa Cassileth filed a Complaint against JWD Incorporated; James Dumas; and Does 1 to 10. 

On June 28, 2022, Massie Berman Flurry and Andrew E. Berman, counsel for Defendant JWD Incorporated filed this Motion to be Relieved as Counsel. 

Legal Standard 

An attorney can be changed or substituted at any time before or after judgment or final determination upon request by either the client or attorney and after notice from one to the other. (Code Civ. Proc. (CCP) § 284.) “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 Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (CRC 3.1362, subds. (a), (c), (e).)¿¿ ¿¿ 

In addition, CRC rule 3.1362(d) requires that the Notice of Motion and Motion (MC-051), Declaration (MC-052), and Proposed Order (MC-053) be served on the client and all other parties who have appeared in the case by personal service, electronic service, or mail. (CRC 3.1362(d).)¿ 

If the notice is served by mail, it must be accompanied by a declaration stating facts showing that either:¿¿ ¿¿¿ 

(A) The service address is the current residence or business address of the client; or¿¿ 

(B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved. (CRC 3.1362(d), subd. (1) & (2).)¿¿ 

Discussion 

Massie Berman Flury and Andrew E. Berman seek to be relieved as counsel for Defendant JWD Incorporated because the client is in breach of the law firm’s fee agreement. (See MC-052.) Defense counsels attest that the client has failed to pay the incurred legal fees and costs. Moreover, it is their opinion that the client will not be prejudiced by the withdrawal because the case is still in the early stages of discovery. Moreover, James Dumas, the principal of JWD Incorporated, has voluntarily signed a Substitution of Counsel to represent himself. Furthermore, no depositions are pending, there are also no pending motions in this case, and the trial is not scheduled until March of 2023. 

Attorneys have provided Proof of Service that their client was served at their current address. They also provided Proof of Service that all other parties that have appeared in this action have been served. Accordingly, Massie Berman Flury and Andrew E. Berman have fully complied with California Rules of Court rule 3.1362,

Conclusion 

Based on the foregoing, Massie Berman Flury’s and Andrew E. Berman’s Motion to be Relieved as Counsel for JWD Incorporated is GRANTED, effective upon filing proof of service of the Court’s order (MC-053).

A corporation may not appear in an action without counsel.  The Court sets a Status Conference on September 19, 2022, at 9 a.m. at which time Defendant JWD Incorporated must appear with counsel or risk having its answer stricken.

Counsel Flury and Berman to give notice. 

The parties are strongly encouraged to attend all scheduled hearings virtually or by audio. Effective July 20, 2020, all matters will be scheduled virtually and/or with audio through the Court’s LACourtConnect technology. The parties are strongly encouraged to use LACourtConnect for all their matters. All social distancing protocols will be observed at the Courthouse and in the courtrooms.