Case Number: BC648467 Hearing Date: March 01, 2018 Dept: 47

DCDM Law Group, PC v. Miramar Brands Group, Inc.

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Attorneys Omar J. Yassin and Mokri Vanis Jones, LLP, counsel for Defendant Miramar Brands Group, Inc. and Defendant Steven Ascher

RESPONDING PARTY(S): No opposition filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff alleges that Defendant has failed to pay legal fees for legal services performed by Plaintiff.

Attorneys Omar J. Yassin and Mokri Vanis Jones, LLP move to be relieved as counsel for Defendant Miramar Brands Group, Inc. and Defendant Steven Ascher.

TENTATIVE RULING:

Attorneys Omar J. Yassin and Mokri Vanis Jones, LLP’s motion to be relieved as counsel for Defendant Miramar Brands Group, Inc. and Defendant Steven Ascher is GRANTED. This order is effective upon filing a Proof of Service with the court which demonstrates that the client was served with a copy of this ruling, as well as a copy of the Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil (form MC-053).

An Order to Show Cause (OSC) is set for April 10, 2018 at 8:30 a.m. for the Defendant Miramar Brands Group, Inc. to appear through counsel and demonstrate that a licensed California attorney is now and attorney of record for it. If not, the Court may strike the Answer of said Defendant.

DISCUSSION:

Motions To Be Relieved As Counsel

California Rules of Court, Rule 3.1362 requires that the following Mandatory Judicial Council forms be filed for a motion to be relieved as counsel: Notice of Motion and Motion to Be Relieved as Counsel–Civil (form MC-051); Motion to Be Relieved as Counsel–Civil (form MC-052); and Order Granting Attorney’s Motion to Be Relieved as Counsel–Civil (form MC-053). See CRC Rule 3.1362(a), (c), (e). These three forms must be served on must be served on the client and on all other parties who have appeared in the case. Rule 3.1362(d).

The Court may issue an order allowing an attorney to withdraw from representation, after notice to the client. CCP § 284(2). An attorney may withdraw with or without cause as long as the withdrawal would not result in undue prejudice to the client’s interest – i.e., counsel cannot withdraw at a critical point in the litigation because that would prejudice client, but can withdraw otherwise. Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915. The court has discretion to deny an attorney’s request to withdraw where such withdraw would work an injustice or cause undue delay in the proceeding; but the court’s discretion in this area is one to be exercised reasonably. Mandell v. Superior Court (1977) 67 Cal.App.3d 1.

Attorney represents that the client is unwilling to accept counsel’s advise and has refused to participate in discovery, as well as having failed to pay outstanding attorney’s fees. Declaration, ¶ 2.

All mandatory Judicial Council forms have been properly filled out and submitted.

Trial is set to begin on July 23, 2018, which gives Defendant Steven Ascher a reasonable amount of time to retain new counsel, (which he is not required to do in this case, since he is sued in his individual capacity, and as such, may represent himself in pro per). On the other hand, Miramar Brands Group, Inc. must retain counsel in order to continue to defend this action, as an entity cannot represent itself in pro per.

The motion to be relieved as counsel is GRANTED. This order is effective upon filing a Proof of Service with the court which demonstrates that the client was served with a copy of this ruling, as well as a copy of the Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil (form MC-053).

Moving Party to give notice, unless waived.

Dated: March 1, 2018 ___________________________________

Randolph M. Hammock

Judge of the Superior Court