Mendoza Jaimes v. Kumar Management, Corporation

LINE # CASE # CASE TITLE RULING LINE 1 24CV441630 Hernandez v. Mac Cal Company Motion: Summary (Class Action/PAGA) Judgment/Adjudication is DENIED

Click on line 1 for tentative ruling LINE 2 24CV445405 Mendoza Jaimes v. Kumar Motion: Withdraw as Management, Corporation (Class attorney is GRANTED Action) Click on line 2 for tentative ruling LINE 3 24CV452239 Lonnie Wong vs Ro Health, LLC, a Hearing: Petition for Limited Liability Company (Class Coordination is DENIED Action) Click on line 3 for tentative ruling LINE 4 25CV469636 MARIA CASTRO vs THE VILLAGES Hearing: Demurrer is GOLF AND COUNTRY CLUB, a OVERRULED California nonprofit corporation (Class Action / PAGA) Click on line 4 for tentative ruling LINE 5 25CV477079 ISABELLA STOJANOV, individually, Motion: Compel and on behalf of other similarly Arbitration is DENIED situated emplo vs GDH CONSULTING, INC et al (Class Action) LINE 6 25CV477079 ISABELLA STOJANOV, individually, Motion: Joinder is DENIED and on behalf of other similarly situated emplo vs GDH CONSULTING, Click on lines 5-6 for INC et al (Class Action) tentative ruling LINE 7 LINE 8 LINE 9 LINE 10 LINE 11 LINE 12 LINE 13

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Case Name: Mendoza Jaimes v. Kumar Management, Corporation Case No.: 24CV445405

This is a putative class action arising from defendant Kumar Management Corporation’s alleged wage and hour violations.

Before the Court is the motion to be relieved as counsel by defense counsel Ronald W. Novotny (“Counsel”), which is not opposed. For reasons discussed below, the Court GRANTS the motion.

I. MOTION TO BE RELIEVED AS COUNSEL

A.

Legal Standard

Motions to be relieved as counsel are technical and governed by Rules of Court, rule 3.1362 (“Rule 3.1362”). Notice and motion must be directed to the client on Judicial Council Form MC-051. No memorandum is required. (Rule 3.1362(a) & (b)). Counsel must provide a declaration on Judicial Council Form MC-052 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).” (Rule 3.1362(c)).

The notice of motion and motion, the declaration, and the proposed order must be served on the client and all parties “by personal service, electronic service, or mail.” (Rule 3.1362(d)).

If the notice is served on the client by mail under Code of Civil Procedure section 1013, it must be accompanied by a declaration stating facts showing that either:

(A) The service address is the current residence or business address of the client; or

(B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.

(Rule 3.1362(d).)

The proposed order relieving counsel must be prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil (form MC-053) and must be lodged with the court with the moving papers. The 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. The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court.

(Rule 3.1362(e).)

B.

Discussion

Here, Counsel submitted his declaration which states that he believed there has been a breakdown of the attorney-client relationship wherein in Counsel’s continued representation of Defendant would be unreasonably difficult. He further states that breakdown in communication, breaches of material terms of the attorney-client agreement, and other conduct has led to the instant motion. (See Rules of Prof. Conduct, Rule 1.16(b)(4) “[A] lawyer may withdraw from representing a client if: (4) the client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement...”].)

With regard to service, Counsel states that he served Defendant by mail at its last known address with copies of the motion papers served with his declaration. He further states that Defendant has been served by mail at its last known address and he confirmed within the past 30 days that the address is current. The papers were mailed with a return receipt requested. This is sufficient to meet the requirements of Rule 3.1362(d)(1)(A).

Counsel has provided a proposed order on the correct judicial counsel form (MC-053). The proposed order indicates that there is not another hearing scheduled and trial in this action has not been set. The Court’s docket reflects the same.

Based on the foregoing, Counsel’s motion is GRANTED.

II. CONCLUSION

The motion to be relieved as counsel is GRANTED.

The Court will prepare the final order.

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