Judge: Alison Mackenzie, Case: 22STCV39548, Date: 2024-08-06 Tentative Ruling

Case Number: 22STCV39548    Hearing Date: August 6, 2024    Dept: 55

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

This is an employment discrimination case filed by Plaintiff against Defendant 3.99 Pizza Co., Inc. Counsel for Defendant has filed a motion to be relieved as counsel.

“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 a cognizable ground for withdrawal, a breakdown of the working relationship. 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 an order submitted by counsel with all of the pertinent information filled in. The Court will also set an OSC re striking answer and entering default of Defendant for failure to obtain new counsel at the hearing.