Judge: Yolanda Orozco, Case: 21STLC01737, Date: 2022-09-27 Tentative Ruling

Case Number: 21STLC01737    Hearing Date: September 27, 2022    Dept: 31

MOTION TO BE RELIEVED AS COUNSEL IS GRANTED

Stephen E. Foster’s and Mitchell Silberberg & Knupp LLP’s Motion to be Relieved as counsel for Defendant Orange AAZ, LLC 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 LLP (“MSK”), seek to be relieved as counsel for Defendant Orange AAZ, LLC. Defense counsel notes that he is also seeking to be relieved as counsel for Defendants in a related case (LSAC Case No. 21STCV29004) entitled Dr. Joseph Wu v. AAZ Development, et al. 

Defense counsel asserts that the client has materially breached its written retainer agreement with MSK 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 MSK to continue to represent the Client, and the breaches have resulted in an irretrievable breakdown in the attorney-client relationship[.]. (Id.) Moreover, because the Client has 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 is required in camera. 

Defense counsel represents that the Client was served at their last known address as well as the business address of its agent for service of process, Ken Schelberg and Sebastian Rein, a corporate officer of Orange AAZ LLC’s, at the business address contained in emails received in the past 30 days. Furthermore, Defense counsel filed a Proof of Service showing that all parties who have appeared in this action have been served with notice of this motion. (See CRC rule CRC 3.1362(d).) The Court notes that all parties were served by certified mail, but no return receipt has been filed. Nevertheless, the Court finds that Defense counsel has provided sufficient evidence that all parties have been properly served with notice. 

Therefore, the motion is GRANTED. 

Conclusion 

Stephen E. Foster’s and Mitchell Silberberg & Knupp LLP’s Motion to be Relieved as counsel for Defendant Orange AAZ, LLC is GRANTED. 

The Order will be signed at the hearing. “After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (CRC 3.1362(e).) The Order on this Motion will not be effective “until proof of service of a copy of the signed order on [Plaintiff] has been filed with the court.” (Id.)  

The Court sets an Order to Show Cause re: Representation of Defendant Orange AAZ, LLC on October 28, 2022, at 9:00 a.m. 

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 masking protocols will be observed at the Courthouse and in the courtrooms.