Judge Alison Mackenzie, Case Number: 22STCV33871, Date: 2024-05-13 Tentative Ruling

Judge: Alison Mackenzie, Case: 22STCV33871, Date: 2024-05-13 Tentative Ruling

Case Number: 22STCV33871 Hearing Date: May 13, 2024 Dept: 55

NATURE OF PROCEEDINGS: Motion of Ray & Seyb LLP to be Relieved as Counsel for Plaintiffs.

ERNESTO GALVEZ (Plaintiff) filed a Complaint against A CARING TOUCH BOARD AND CARE III (Defendant), alleging that Defendant constructively terminated Plaintiff’s employment as caregiver, due to Plaintiff not being permitted to take meal or rest breaks, not being paid overtime, and being harassed based on sexual orientation.

Now counsel moves to be relieved as attorney of record for Plaintiff by declaring that there has been a breakdown in the attorney-client relationship and a lack of client communication.

“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 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 cognizable grounds for withdrawal:

Breakdown in the attorney-client relationship (or personality clash). Estate of Falco v. Decker (1987) 188 Cal.App.3d 1004, 1014.
Client by conduct renders it unreasonably difficult for the member to carry out the employment effectively (e.g., noncooperation or noncommunication). Rules Prof. Conduct, rule 1.16(b)(4). Cf. Estate of Falco, supra, 188 Cal App.3d at 1020 (“We find no abuse of discretion in the trial court's implicit finding rejecting the contention that respondents' lack of cooperation justified appellants' withdrawal.”).

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

Therefore, the motion is granted, and the Court will sign a form order submitted by counsel, after counsel gives the Court the client’s phone number to add in the blank area.