Case Number: BC613526 Hearing Date: January 17, 2018 Dept: 47

Dan K. Fordice III v. Mark Carter, et al.

(1) & (2) MOTIONS TO BE RELIEVED AS COUNSEL (x2)

MOVING PARTY: (1) & (2) Barry A. Bradley, Esq. and Sabrina K Brill, Esq. counsel for Defendants North of Two Entertainment and Mark Cartier

RESPONDING PARTY(S): (1) & (2) No oppositions filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Defendants breached an agreement to develop a full-length feature film in which Plaintiff invested $1,000,000, and instead squandered and converted Plaintiff’s entire investment.

Defendants filed a cross-complaint alleging that Plaintiff failed to fulfill his obligation to assist in raising the additional financing needed to complete the film. Plaintiff and Defendant attorney Yakub interfered with Defendants’ reputation, business, business interests, business prospects, and economic interests by filing the Complaint in this action.

Barry A. Bradley, Esq. and Sabrina K Brill, Esq. move to be relieved as counsel for Defendants North of Two Entertainment and Mark Cartier.

TENTATIVE RULING:

Barry A. Bradley, Esq. and Sabrina K Brill, Esq.’s motions to be relieved as counsel for Defendants North of Two Entertainment and Mark Cartier are GRANTED.

An Order to Show Cause (OSC) is set for February 20, 2018 at 8:30 a.m. for the Defendant North of Two Entertainment 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.

The attorney-client relationship has broken down and it has become unreasonably difficult for counsel to carryout representation effectively. Declaration, ¶ 2.

Trial is currently set for April 17, 2018 which gives Defendants a reasonable amount of time to retain new counsel, (which Cartier is not required to do in this case, since he is being sued in his individual capacity, and as such, may represent himself in pro per). On the other hand, North of Two Entertainment, LLC must retain counsel in order to continue to defend this action, as an entity cannot represent itself in pro per.

All mandatory Judicial Council Forms have been filled out and submitted.

The motions to be relieved as counsel are GRANTED. This order is effective upon filing a Proof of Service with the court which demonstrates that the clients were 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). Moreover, the clients’ current or last known address and phone number must be provided on Form MC-053, ¶ 6. Counsel is also to fill out ¶¶ 7 – 9 of Judicial Council form MC-053 before the Court will sign the Order.

Moving Party to give notice, unless waived.

IT IS SO ORDERED.

Dated: January 17, 2018 ___________________________________

Randolph M. Hammock

Judge of the Superior Court