# 10. Sergey Kapatcyn v. Stallion Transport, Inc. et al.

Case No.: TC029010

Matter on calendar for: motion to be relieved as counsel

Tentative ruling:

I. Background

Plaintiff Sergey Kapatcyn is in the business of selling motorcycles, off-road vehicles, and their associated parts and supplies. He engaged defendant Stallion Transport, Inc. to transport a shipment of vehicles to the Port of Long Beach. The shipment was instead delivered and left overnight at defendant Silverstar Express, Inc.’s warehouses in Compton; unattended and in a lax security environment. The goods were stolen. The Second Amended Complaint (“SAC”) asserts Causes of Action for:

(1) Breach of Contract;

(2) Negligence;

(3) Concealment;

(4) Unfair Competition; and

(5) Conversion

Plaintiff’s counsel, Krogh & Decker, LLP, moves to withdraw.

II. Standard

California Code of Civil Procedure § 284(2) provides that “[an] attorney in an action or special proceeding may be changed at any time before or after judgment or final determination…upon the order of the court, upon the application of either client or attorney, after notice from one to the other.” Additionally, attorneys seeking to be relieved as counsel must comply with California Rule of Professional Conduct 3-700 in seeking to be relieved.

A motion to be relieved as counsel must comport with California Rules of Court Rule 3.1362. The Rule requires the notice of motion and motion to be on the Judicial Council of California form MC-051, and the declaration to be on form MC-052. The proposed order must be form MC-053.

III. Analysis

Plaintiff’s counsel cites a discovered conflict of interest which renders further representation impossible. Counsel has suggested an in camera hearing to protect confidentiality should the Court request further details. Counsel has not submitted the proposed order form MC-053, which should be brought to the hearing.

IV. Ruling

The written motion does not present sufficient information. The Court will hear from counsel in camera.

Next dates: 11/08/18 motion to be relieved as counsel; 2/6/19 post-mediation conference; 4/15/19 FSC; 4/22/19 trial (4-day jury)