667 SANTA FE ARTS DISTRICT LLC VS WORLD WIDE STANDARD LLC

Tentative Rulings

Case Number: BC700480    Hearing Date: November 22, 2019    Dept: 20

TENTATIVE RULING

Judge Dalila Corral Lyons

Department 20

Hearing Date: Friday, November 22, 2019

Case Name: 667 Santa Fe Arts District LLC v. World Wide Standard LLC

Case No.: BC700480

Motion: Relieved as Counsel

Moving Party: Plaintiff’s counsel Law Offices of Dennis P. Block & Associates

Responding Party: *UNOPPOSED*

Notice: OK

Ruling: On the Court’s own motion, the stay is lifted for the exclusive purpose of ruling on this motion.

Law Offices of Dennis P. Block & Associates’ motion to be relieved as counsel for Plaintiff 667 Santa Fe Arts District LLC is GRANTED.

Attorney is relieved as counsel of record for the Plaintiff 667 Santa Fe Arts District LLC upon filing of the proof of service of the Order Granting Attorney’s Motion to be Relived, Form MC-053 and this ruling.

Order to Show Cause Re: Dismissal for failure of Plaintiff, 667 Santa Fe Arts District LLC, to be represented by counsel scheduled for February 26, 2020 at 8:30 a.m. in Department 20 at Stanley Mosk Courthouse, 111 N. Hill St, Los Angeles, CA.

WARNING: Because Plaintiff 667 Santa Fe Arts District LLC is an entity, it is prohibited from representing itself in Court and must be represented by a licensed attorney.

If Plaintiff 667 Santa Fe Arts District LLC does not have legal counsel, the Court on February 26, 2020 will dismiss this case in its entirety, without further notice.

Moving Party to give notice.

BACKGROUND

On April 2, 2018, 667 Santa Fe Arts District LLC (“Plaintiff”) filed the Complaint against World Wide Standard LLC (“Defendant”) for (1) unlawful detainer. Plaintiff alleges non-payment of rent for real property commonly known as 667 S. Santa Fe Avenue, Los Angeles, California (“Property”).

On April 12, 2018 Jacob Zakaria and Abraham Zakaria (“Zakarias”) filed a petition to confirm an arbitration award against Shoram Zackary and Shawn Zackary (“Zackarys”) in related case BS173185. Defendant alleged the arbitration award in BS173185 affected control of the plaintiff LLC and title to the Property.

On October 10, 2018, the Court stayed this action until title to the Property is resolved.

The Court confirmed the arbitration award in BS173185 on October 19, 2018 and entered judgment in BS173185 on November 26, 2018. On January 22, 2019 Shawn Zackary appealed the decision in BS173185. The appeal was dismissed, and the case remanded on August 19, 2019.

On October 18, 2019, the Court found that the various parties, without good cause, had failed to mediate this case or otherwise resolve title to the Property.

Trial is not currently set.

ANALYSIS

I. Procedural issues: Proposed order and Proof of Service

On November 12, 2019, the court denied ordered Plaintiff’s counsel Law Offices of Dennis P. Block & Associates (“Counsel”) to file a form MC-053 (Proposed Order) and a proof of service reflecting service on opposing counsel of the present motion to be relieved by November 14, 2019. Counsel filed a proof of service showing opposing counsel was served on October 29, 2019. A form MC-053 was also filed on October 29, 2019.

II. Relieved as Counsel

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 the 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 must 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, Law Offices of Dennis P. Block & Associates (“Counsel”) has filed a motion, given proper notice, and filed forms MC-051, MC-052, and MC-053 to be relieved as counsel for Plaintiff 667 Santa Fe Arts District LLC (“Client”). Counsel moves on the grounds that the attorney-client relationship has irrevocably broken down on the issue of payment of attorney fees.

Trial is not presently set. This case is stayed. The other hearings on calendar are Order to Show Cause Re: Dismissal; Order to Show Cause Re: Sanctions for Failure to Appear; and Status Conference re: title to the property at issue; all set for hearing on February 26, 2020 at 8:30 AM.[1] The case is not in a posture in which Client would be prejudiced by Counsel’s withdrawal as attorney of record. See e.g., Ramirez 21 Cal.App.4th 904; Mandell 67 Cal.App.3d 1.

Accordingly, Law offices of Dennis P. Block & Associates’ motion to be relieved as counsel is GRANTED.