David K. Lee v. Caffebene Inc. et al

Filing 23

MINUTES OF Motion Hearing held before Judge Christina A. Snyder: Attorney Al Mohajerian's Motion to Withdraw as Counsel of Record for Defendant Caffebene 21 is hereby GRANTED. The Scheduling Conference is hereby continued to 2/1/2016 at 11:00 AM before Judge Christina A. Snyder. Court Reporter: Debi Read. (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV15-4613-CAS(JPRx)

Title

‘O’

DAVID K. LEE v. CAFFEBENE INC. ET AL.

Present: The Honorable

Date

December 14, 2015

CHRISTINA A. SNYDER, U.S. DISTRICT JUDGE

CONNIE LEE
Deputy Clerk

DEBI READ
Court Reporter / Recorder

N/A
Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants

Won Lee

Al Mohajerian

Proceedings:

I.

MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT
CAFFEBENE INC. (Dkt. 21, filed November 13, 2015)

INTRODUCTION AND BACKGROUND

On October 2, 2014, plaintiff David K. Lee filed this action in the Los Angeles
County Superior Court against defendants Caffebene, Inc. (“Caffebene”), and Does 1-50,
inclusive. Dkt. 1. The action was removed to this Court on the basis of diversity
jurisdiction on June 17, 2015. Id. The complaint asserts claims under California law for
(1) Failure to Pay Overtime Compensation; (2) Statutory Penalty under Labor Code
section 203; (3) Statutory Penalty under Labor Code section 226; (4) Additional Wages
under Labor Code section 226.7; (5) Wrongful Termination; and (6) violation of Business
and Professions Code section 17200. Id. Ex. A (Complaint).
On November 13, 2015, Al Mohajerian (“Counsel” or “Mohajerian”), counsel of
record for defendant Caffebene, filed a motion to withdraw as counsel. Dkt. 21. Neither
plaintiff nor defendants have opposed the motion.
II.

DISCUSSION

Local Rule 83–2.3.2 allows an attorney to withdraw as counsel only upon leave of
court. If withdrawal will cause delay in the case, the court will not allow the attorney to
withdraw unless “good cause is shown and the ends of justice require [such relief].” L.R.
83–2.3.5. If withdrawal is allowed, the affected parties then “shall appear pro se or
appoint another attorney by a written substitution of attorney.” L.R. 83–2.3.3. However,
“[a]n attorney requesting leave to withdraw from representation of an organization of any
kind [including corporations] . . . must give written notice to the organization of the
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV15-4613-CAS(JPRx)

Title

‘O’

Date

December 14, 2015

DAVID K. LEE v. CAFFEBENE INC. ET AL.

consequences of its inability to appear pro se.” L.R. 83–2.3.4. In addition, the motion
for leave to withdraw must be supported by “good cause;” notably,“[f]ailure of the client
to pay agreed compensation is not necessarily sufficient to establish good cause.” L.R.
83–2.3.2.
Counsel states that his firm is the attorney of record for defendant Caffebene in the
above-referenced case. Declaration of Al Mohajerian ¶ 1. Counsel asserts that there has
been a “complete breakdown in communications” between his firm and Caffebene, and
that defendant’s “own conduct and refusal to communicate on substantive matters with
counsel has materially undermined the firm’s ability to represent Defendant’s interest in
this case.” Id. ¶ 2. Specifically, counsel states that he is “at an impasse with [Caffebene]
since [Caffebene] is not providing the funding to implement the strategies that we
recommend including taking depositions of the parties or even making witnesses
available for their depositions to be taken by Plaintiff.” Id. ¶ 3. Counsel avers that he
advised defendant of his intention to withdraw as their attorney in this matter in “detailed
emails” dated July 10, 2015; July 28, 2015; July 31, 2015; August 12, 2015; August 19,
2015; October 27, 2015; and October 29, 2015. Id. In addition, counsel notes that trial is
not scheduled in this matter, that he has copied defendant’s local counsel in New York on
multiple notices of withdrawal, and that defendant will not be prejudiced as it has had
ample time to seek new counsel. Id. ¶ 4. Counsel further requests leave of Court to
provide further evidence in support of his motion in camera, if necessary. Id. ¶ 5.
For the reasons outlined in his declaration, and in light of the lack of any
opposition to the instant motion, the Court finds that Counsel has adequately
demonstrated that there is good cause for his withdrawal. Counsel is hereby ordered to
provide Caffebene with notice of the Court’s order in accordance with Local Rule 832.3.4. Because Caffebene is a corporate entity, and as such may not appear pro se,
Counsel is ordered to inform Caffebene that it must retain new counsel within thirty (30)
days of the date on which this order takes effect. Counsel shall advise Caffebene that its
failure to retain new counsel or otherwise respond within thirty (30) days may result in
the imposition of sanctions or the entry of default. Counsel shall attach a copy of this
order to the letter, and shall otherwise comply with all applicable rules of professional
responsibility.

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV15-4613-CAS(JPRx)

Title

‘O’

DAVID K. LEE v. CAFFEBENE INC. ET AL.

III.

Date

December 14, 2015

CONCLUSION

In accordance with the foregoing, Mr. Mohajerian’s motion to withdraw as counsel
of record for defendant Caffebene is hereby GRANTED.
The Scheduling Conference scheduled on January 4, 2016 at 11:00 AM is hereby
continued to February 1, 2016 at 11:00 AM.
IT IS SO ORDERED.
00
Initials of
Preparer

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02

CL

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