Judge: Alison Mackenzie, Case: 23STCV15764, Date: 2024-12-09 Tentative Ruling

Case Number: 23STCV15764    Hearing Date: December 9, 2024    Dept: 55

23STCV15764

Motion to be Relieved as Attorney of Record

Counsel for Plaintiff Michael Greco 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, and proposed order sufficiently comply with the requirements for a motion to be relieved as counsel. See Cal. Rules of Court, rule 3.1362.

However, counsel has not provided a proof of service for Plaintiff Greco at his last known address. The proof of service filed 11/12/24 only shows service on defense counsel.

Therefore, the motion is denied without prejudice. Counsel may re-file (and serve) a motion to be relieved as counsel.