Case Number: BC659493 Hearing Date: March 05, 2018 Dept: 47

Ho-We Company, et al. v. Mbrio, Inc., et al.

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Attorneys Baker & Hostetler LLP, counsel for Defendants Mbrio, Inc. and Alice “Cricket” Lee

RESPONDING PARTY(S): No opposition filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Defendants allegedly breached an agreement to pay for garment pieces manufactured to Defendants’ specifications.

Defendant Dool FNA, Inc. filed a cross-complaint alleging that the goods manufactured by Plaintiff were not of acceptable quality.

Attorneys Baker & Hostetler LLP move to be relieved as counsel for Defendants Mbrio, Inc. and Alice “Cricket” Lee.

TENTATIVE RULING:

Conditioned upon moving party providing proof of proper service on the defendants/clients, Attorneys Baker & Hostetler LLP’s motion to be relieved as counsel for Defendants Mbrio, Inc. and Alice “Cricket” Lee is GRANTED.

An Order to Show Cause (OSC) is set for April 10, 2018 at 8:30 a.m. for the Defendant Mbrio, 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.

The clients fail to communicate with counsel and have indicated that they can no loger afford attorney’s fees. Declaration, ¶ 2.

Trial is currently set for September 17, 2018 which gives Defendants a reasonable amount of time to retain new counsel, (which Lee is not required to do in this case, since she is being sued in her individual capacity, and as such, may represent herself in pro per). On the other hand, Mbrio, Inc. 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.

Conditioned upon moving party providing proof of timely and proper service on the client, 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 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.

Moving Party to give notice, unless waived.

IT IS SO ORDERED.

Dated: March 5, 2018 ___________________________________

Randolph M. Hammock

Judge of the Superior Court