DALE SEIDEN VS JERRY BERNSTEIN, ET AL.,

Tentative Rulings

Case Number: SC127857    Hearing Date: July 16, 2020    Dept: M

CASE NAME: Dale Seiden v. Jerry Bernstein, et al

CASE NO.: SC127857

SUBJECT: Motion to be Relieved as Counsel

HEARING DATE: 3/18/2020

Counsel for Defendants Jeffrey Bernstein and Superior Equipment Solutions seek to be relieved as counsel. There is no opposition.

Legal Standard

The Court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398.) An application to be relieved as counsel must be made on Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (CRC Rule 3.1362(a), (c), (e).) “The [proposed] order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. If no hearing date is presently scheduled, the court may set one and specify the date in the order. 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 Rule 3.1362(e) (emphasis added).)

The requisite forms must be served “on the client and on all parties that have appeared in the case.” (CRC Rule 3.1362(d).) The required forms may be served “by personal service, electronic service, or mail.” (CRC Rule 3.1362(d).) In addition, “[i]f the notice is served on the client by electronic service under Code of Civil Procedure section 1010.6 and rule 2.251, it must be accompanied by a declaration stating that the electronic service address is the client's current electronic service address.” (CRC Rule 3.1362(d)(2).) Furthermore, as used in CRC Rule 3.162, “‘current’ means that the address was confirmed within 30 days before the filing of the motion to be relieved. Merely demonstrating that the notice was sent to the client's last known address and was not returned or no electronic delivery failure message was received is not, by itself, sufficient to demonstrate that the address is current. . ..’” (CRC Rule 3.1362(d).)

ANALYSIS

Attorneys James H. Turken, Blake L. Osborn, Jordan A. Bender (“Counsel”) counsel for defendants Jeffrey Bernstein and Superior Equipment Solutions seeks to be relieved as counsel. Here, Counsel have filed Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). Counsel notes that there has been an irreparable breakdown in the attorney-client relationship due to their clients conduct rendering it unreasonably difficult for them to carry out the representation effectively. (Turken Decl., MC-052, item 2.l.) Counsel for Plaintiff seeks to withdraw due to this breakdown of the attorney-client relationship. (Id.) This motion is unopposed. The Court finds good cause to relieve counsel. For these reasons, the motion is GRANTED.

Case Number: SC127857    Hearing Date: July 15, 2020    Dept: M

CASE NAME: Dale Seiden v. Jerry Bernstein, et al

CASE NO.: SC127857

SUBJECT: Motion to be Relieved as Counsel

HEARING DATE: 3/18/2020

Counsel for Defendants Jeffrey Bernstein and Superior Equipment Solutions seek to be relieved as counsel. There is no opposition.

Legal Standard

The Court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398.) An application to be relieved as counsel must be made on Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (CRC Rule 3.1362(a), (c), (e).) “The [proposed] order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. If no hearing date is presently scheduled, the court may set one and specify the date in the order. 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 Rule 3.1362(e) (emphasis added).)

The requisite forms must be served “on the client and on all parties that have appeared in the case.” (CRC Rule 3.1362(d).) The required forms may be served “by personal service, electronic service, or mail.” (CRC Rule 3.1362(d).) In addition, “[i]f the notice is served on the client by electronic service under Code of Civil Procedure section 1010.6 and rule 2.251, it must be accompanied by a declaration stating that the electronic service address is the client's current electronic service address.” (CRC Rule 3.1362(d)(2).) Furthermore, as used in CRC Rule 3.162, “‘current’ means that the address was confirmed within 30 days before the filing of the motion to be relieved. Merely demonstrating that the notice was sent to the client's last known address and was not returned or no electronic delivery failure message was received is not, by itself, sufficient to demonstrate that the address is current. . ..’” (CRC Rule 3.1362(d).)

ANALYSIS

Attorneys James H. Turken, Blake L. Osborn, Jordan A. Bender (“Counsel”) counsel for defendants Jeffrey Bernstein and Superior Equipment Solutions seeks to be relieved as counsel. Here, Counsel have filed Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). Counsel notes that there has been an irreparable breakdown in the attorney-client relationship due to their clients conduct rendering it unreasonably difficult for them to carry out the representation effectively. (Turken Decl., MC-052, item 2.l.) Counsel for Plaintiff seeks to withdraw due to this breakdown of the attorney-client relationship. (Id.) This motion is unopposed. The Court finds good cause to relieve counsel. For these reasons, the motion is GRANTED.

Case Number: SC127857    Hearing Date: March 18, 2020    Dept: M

Counsel for Defendants Jeffrey Bernstein and Superior Equipment Solutions seek to be relieved as counsel. There is no opposition.

Legal Standard

The Court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398.) An application to be relieved as counsel must be made on Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (CRC Rule 3.1362(a), (c), (e).) “The [proposed] order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. If no hearing date is presently scheduled, the court may set one and specify the date in the order. 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 Rule 3.1362(e) (emphasis added).)

The requisite forms must be served “on the client and on all parties that have appeared in the case.” (CRC Rule 3.1362(d).) The required forms may be served “by personal service, electronic service, or mail.” (CRC Rule 3.1362(d).) In addition, “[i]f the notice is served on the client by electronic service under Code of Civil Procedure section 1010.6 and rule 2.251, it must be accompanied by a declaration stating that the electronic service address is the client's current electronic service address.” (CRC Rule 3.1362(d)(2).) Furthermore, as used in CRC Rule 3.162, “‘current’ means that the address was confirmed within 30 days before the filing of the motion to be relieved. Merely demonstrating that the notice was sent to the client's last known address and was not returned or no electronic delivery failure message was received is not, by itself, sufficient to demonstrate that the address is current. . . .’” (CRC Rule 3.1362(d).)

ANALYSIS

Attorneys James H. Turken, Blake L. Osborn, Jordan A. Bender (“Counsel”) counsel for defendants Jeffrey Bernstein and Superior Equipment Solutions seeks to be relieved as counsel. Here, Counsel have filed Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). Counsel notes that there has been an irreparable breakdown in the attorney-client relationship due to their clients conduct rendering it unreasonably difficult for them to carry out the representation effectively. (Turken Decl., MC-052, item 2.l.) Counsel for Plaintiff seeks to withdraw due to this breakdown of the attorney-client relationship. (Id.) This motion is unopposed. The Court finds good cause to relieve counsel. For these reasons, the motion is GRANTED.