Case Number: BC595208??? Hearing Date: November 08, 2016??? Dept: 20
TENTATIVE RULING
Counsel may submit on the tentative ruling without appearing at the hearing by emailing Dept. 20 by 4:00pm, the day before the hearing date. The email address is smcdept20@lacourt.org. In the subject line include the name of case and the word “SUBMITTING” or ?NOT SUBMITTING? in all caps. In the body of the email include your name, contact information, case number, and the party you represent. Include the other parties on the email by “cc.”
PLEASE DO NOT call the court to submit on the tentative. If all parties submit, this tentative ruling will become the final ruling after the hearing date and it will be posted online with the minute order.
If you submit on the tentative, you must immediately notify the other side by email that you will not appear at the hearing. 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 motions.
This tentative ruling is not an invitation, nor an opportunity, to file further documents relative to the hearing in question. No such document will be considered by the Court.
JUDGE DALILA C. LYONS
DEPARTMENT 20
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Hearing Date: Tuesday, November 08, 2016
Posted on CourtNet November 4, 2016
Case Name: Azam, et al. v. Munford
Case No.: BC595208
Motion: Relieve as Counsel
Moving Party: Kalab A. Honey, Esq. to be relieved as counsel to Plaintiffs Marie Azam and Emaw, Inc.
Responding Party: *UNOPPOSED*
Notice: OK
________________________________________ Ruling: The motion of Kalab A. Honey?s, of the Law Offices of Kalab A.
Honey, PC, to be relieved as counsel for Plaintiffs Marie Azam and Emaw, Inc. is GRANTED.
________________________________________
BACKGROUND
On September 18, 2015 Plaintiffs Marie Azam (?Azam?) and Emaw, Inc. (?Emaw?) (collectively ?Plaintiffs?) filed the Complaint against Defendant Patricia Tinsley Munford (?Munford? or ?Defendant?) and Does 1 through 10 for (1) breach of written contract, (2) breach of oral contract, (3) breach of fiduciary duty, (4) common counts: money had and received, and (5) account stated.
Plaintiffs allege on April 12, 2015 the parties entered into an employment agreement in which Defendant agreed to serve as an executive assistant. Plaintiffs allege prior to the departure for a business trip to the United Kingdom in April 2015 Defendant expressed concerns about personal debts owed at home and in an effort of good-faith, Plaintiffs agreed to pay Defendant?s debts provided Defendant commit to the entire trip, including preparing for and attending presentations and meetings. Plaintiffs also agreed to pay all accommodations and meals for Defendant in addition to $5,000.00 compensation for the trip as long as Defendant completed all her job duties and responsibilities. But Plaintiffs allege during the trip it was clear Defendant could not handle her employment responsibilities. And Plaintiffs allege Defendant breached the agreement and returned to the United States without notifying Plaintiffs and leaving Azam to handle all arrangements and preparations.
ANALYSIS
Cal. Civ. Proc. Code ? 284 states that an attorney in an action may be changed at any time before or after judgment: (1) upon the consent of both client and attorney; or (2) upon the order of the court, upon the application of either client or attorney, after notice from one to the other. CCP ? 284; CRC 3.1362. The court has power to permit withdrawal of an attorney within its sound discretion. Jones v. Green (1946) 74 Cal.App.2d 223. An attorney may withdraw without cause as long as the withdrawal can be accomplished without undue prejudice to the client’s interest ? i.e., counsel cannot withdraw at a critical point, but if the case is not at a critical point withdrawal is permitted because the client will not be prejudiced. Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915. The court has discretion to deny the withdrawal request when withdrawal would work an injustice or cause undue delay in proceeding; but the court’s discretion in this area is one to be exercised reasonably. Mandell v. Superior (1977) 67 Cal.App.3d 1.
Counsel make a motion to be relieved as attorney of record. The form and content of such motion are governed by CRC 3.1362. The motion must be made using mandatory forms: Notice of Motion and Motion to be Relieved as Counsel ? Civil (MC-051), Declaration (MC-052), and Proposed Order (MC-053). The forms must be filed and served in compliance with the procedural standards set forth in CRC 3.1362.
Here, Attorney Kalab A. Honey?s, of the Law Offices of Kalab A. Honey, PC, (?Attorney?) has filed a motion, given proper notice, filed forms MC-051, MC-052, and MC053. Attorney seeks to be relieved as counsel to Plaintiffs on the basis that there has been a breakdown of the attorney-client relationship and Attorney does not believe it can effectively represent Plaintiffs in the proceedings. And Attorney states Plaintiffs have failed to pay outstanding invoices and Attorney cannot afford to represent Plaintiffs without payment.
The case is not in a posture in which Client would be prejudiced by Attorney?s withdrawal as counsel of record. Trial is not currently set. The Court continued this motion to avoid prejudice to Attorney?s clients given the September 29, 2016 ruling on the motion for terminating sanctions. At a prior hearing the Court ordered Attorney to continue to try to communicate with his clients. Based on the November 2, 2016 declaration filed by Attorney, the clients are still not responding to his multiple communications and have failed to comply with the Court?s prior order to arbitrate the matter. The Court intends to dismiss this case on November 8, 2016, the day of the hearing on this motion, based on the September 29, 2016 ruling on the motion made by defendant Munford.
The entity Emaw is prohibited from representing itself in Court and must be represented by a licensed attorney. Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 730.
Accordingly, the motion to be relieved as counsel is GRANTED.