Judge: Alison Mackenzie, Case: 22STCV37027, Date: 2023-11-15 Tentative Ruling

Case Number: 22STCV37027    Hearing Date: February 29, 2024    Dept: 55

NATURE OF PROCEEDINGS:  Motion of Adli Law Group, P.C.to be Relieved as Counsel of Record as to Defendant Jose Luis Barba.

Counsel for Defendant Jose Luis Barba moves to be relieved as attorney of record for Defendant. The Court previously granted counsel’s motion to be relieved as attorney of record for co-Defendant Junior’s Apparel Inc.

“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.  See also  Jones v. Green (1946) 74 Cal. App. 2d 223, 230. The form notice, declaration, proposed order, and proof of service comply with the requirements for a motion to be relieved as counsel. See CRC Rule 3.1362. 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 (hereinafter “Falco”)..
• 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.  Falco, 188 Cal. App. 3d at p. 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.”).

Further, no opposing papers have been filed in order to evidence 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.