Judge Alison Mackenzie, Case Number: 23STCV04789, Date: 2024-05-23 Tentative Ruling

Judge: Alison Mackenzie, Case: 23STCV04789, Date: 2024-05-23 Tentative Ruling

Case Number: 23STCV04789 Hearing Date: May 23, 2024 Dept: 55

NATURE OF PROCEEDINGS: Motion of Law Office of Jacob Partiyeli to be Relieved as Counsel-Civil.

BACKGROUND

EJA HAYNESPOLKE (Plaintiff) brings this habitability case against 600 TOWER, LLC.

Now, counsel moves to be relieved as attorney of record for Plaintiff.

LEGAL STANDARD

“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.

ANALYSIS

Counsel moves to be relieved as attorney of record by declaring:

There has been a breakdown in client communications, which makes it impossible for our firm to proceed with this case and to act in the best interest of the Plaintiff. The Plaintiff’s behavior and the lack of ongoing communication with Ms. Haynespolke prevents us from effectively representing her in this matter.

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 at least one cognizable ground for withdrawal:

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).

CONCLUSION

Therefore, the Court grants the motion, and will sign the proposed order submitted by counsel.