Case Number: BC569850 Hearing Date: March 19, 2018 Dept: 53

frontline capital inc. vs. matt wiltsey , et al.; BC569850, March 19, 2018

[tentative] order re: defendants’ COUNSEL’S motion to be relieved as counsel

The motion of counsel for Defendants Matt Wiltsey, Merchant Processing Solutions, LLC, the Financial Systems Company, LLC, EMS Corporation, and Global Asset, LLC to be relieved as counsel is GRANTED.

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.)

CRC Rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1) (made on the Declaration in Support of Attorney’s Motion to Be Relieved as Counsel Civil form (MC-052)); (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel Civil form (MC-053)).

California Rules of Professional Conduct, 3-700(C) provides that counsel may request permission to withdraw where the client, inter alia, “renders it unreasonably difficult for the member to carry out the employment effectively” or “breaches an agreement or obligation to the member as to expenses or fees.” (CRPC 3-700(C)(1).)

Discussion

Jaurigue Law Group (Counsel) moves to be relieved as counsel of record for Defendants Matt Wiltsey, Merchant Processing Solutions, LLC, the Financial Systems Company, LLC, EMS Corporation, and Global Asset, LLC (collectively, “Defendants”). Counsel has complied with the procedural requirements set forth in CRC Rule 3.1362, including serving the moving papers upon the client. Counsel states in the supporting declaration that they are seeking permissive withdrawal from representation pursuant to Rule 3-700(C)(1)(f) (“breaches an agreement or obligation to the member as to expenses or fees”) of the Rules of Professional Conduct. These are sufficient grounds for granting the relief requested. There is no indication that Defendants will be prejudiced as a result of the granting of this motion.

Accordingly, the motion to be relieved as counsel is GRANTED.

Counsel is ordered to provide notice of this ruling.

DATED: March 19, 2018

_____________________________

Hon. Howard L. Halm

Judge of the Superior Court