Judge Alison Mackenzie, Case Number: 22STCV13042, Date: 2023-12-20 Tentative Ruling

Judge: Alison Mackenzie, Case: 22STCV13042, Date: 2023-12-20 Tentative Ruling

Case Number: 22STCV13042 Hearing Date: April 15, 2024 Dept: 55

NATURE OF PROCEEDINGS: Motion to be Relieved as Attorney of Record for Defendant.

Jerrin McGhee et al. (Plaintiffs) filed this case against CULVER CITY CHEVROLET (Defendant). Now, counsel moves to be relieved as attorney of record for Defendant, by declaring that there has been a breakdown in the attorney-client relationship.

“The determination whether to grant or deny an attorney 's motion to withdraw as counsel of record lies within the sound discretion of the trial court, having in mind whether such withdrawal might work an injustice in the handling of the case.” Lempert v. Sup. Ct. (2003) 112 Cal.App.4th 1161, 1173.

Here, the form notice, declaration, proposed order, and proof of service on the client sufficiently comply with the requirements for a motion to be relieved as counsel. See Cal. Rules of Court, rule 3.1362. Further, moving counsel’s declaration shows a cognizable ground for withdrawal:

Breakdown in the attorney-client relationship (or personality clash). Estate of Falco v. Decker (1987) 188 Cal.App.3d 1004, 1014.

Finally, no opposing document has been filed showing any prejudice to the client. See Rules Prof. Conduct, rule 1.16(d).

Therefore, the motion is granted, and the Court will sign the proposed order submitted by counsel. The Court sets an OSC regarding setting aside Defendant’s answer and entering default for Defendant’s failure to obtain counsel. The OSC is set for 5/22/24 at 8:30 a.m.