Judge: Alison Mackenzie, Case: 23STCV17541, Date: 2024-09-21 Tentative Ruling

Case Number: 23STCV17541    Hearing Date: September 21, 2024    Dept: 55

23STCV07541

Motion to be Relieved as Attorney of Record

This is an employment discrimination case brought by Plaintiff Nicolas Walker against Defendant LAUSD. Counsel for Plaintiff 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: Client conduct (failure to communicate with counsel) that renders is unreasonably difficult for the lawyer to carry out the representation. Rules Prof. Conduct, rule 1.16(b)(4).

Finally, 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 the proposed order submitted by counsel.