Judge: Yolanda Orozco, Case: 21STCV29004, Date: 2022-09-28 Tentative Ruling
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Case Number: 21STCV29004 Hearing Date: September 28, 2022 Dept: 31
MOTION TO BE RELIEVED AS COUNSEL IS GRANTED
The Motion to be Relieved as counsel of Stephen E. Foster and Mitchell, Silberberg & Knupp for Defendants Orange AAZ, LLC and Sebastian Rein is GRANTED.
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
Stephen E. Foster and Mitchell, Silberberg & Knupp seek to be relieved as counsel for Defendant Orange AAZ, LLC, and Defendant Sebastian Rein. Defense counsel notes that this motion is related to LASC Case No. 21STLC01737, entitled State Farm General Insurance Company v. Sebastian Rein, et al.
Defense counsel asserts that both clients have materially breached the written retainer agreement with defense counsel despite asking the client to cure the breaches. (MC-052 attachment 2.) Defense counsel last reached out on August 16, 2022, and specifically identified the breaches that needed to be cured. (Id.) Accordingly, it has become “unreasonably difficult and burdensome” for Defense counsel to represent the clients and the breaches have resulted in an irretrievable breakdown in the attorney-client relationship. (Id.) Moreover, because the clients have not responded to the request to cure the breaches of the agreement, it was not possible to discuss consent to substitution under CCP section 284(1). (Id.) Defense counsel is willing to provide further details if required in camera.
Defense counsel represents that the clients were served at their last confirmed address by mail with a return receipt requested. The Court notes that no return receipt has been filed. However, Defense counsel also represents the clients’ address was confirmed by other means:
As to Defendant Orange AAZ, LLC
“The California Secretary of State website lists as Orange AAZ LLC's agent for service Ken Schelberg, 1801 Century Party East, Suite 2400, Los Angeles, CA 90067. Orange AAZ LLC's corporate officer Sebastian Rein was also served at 6270 East Bridle Circle, Long Beach, CA 90815, his business address as contained in emails received in the past 30 days.”
(MC-052 as to Defendant .)
As to Defendant Sebastian Rein:
“The California Secretary of State website and emails received from client within the past 30 days show that 6270 East Bridle Circle, Long Beach CA 90815 is client's business address.”
(MC-052.)
The Court finds that Defense counsel has provided sufficient evidence that the clients were properly served with notice. Additionally, Defense counsel has also submitted a proof of service asserting that all parties who have appeared in this case have been served.
Therefore, the motion is GRANTED.
Conclusion
The Motion to be Relieved as counsel of Stephen E. Foster and Mitchell, Silberberg & Knupp for Defendants Orange AAZ, LLC and Sebastian Rein is GRANTED.
The Court sets an Order to Show Cause re: Representation of Defendants Orange AAZ, LLC and Sebastian Rein on October 23, 2022, at 9:00 a.m.
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