Judge: Anne Hwang, Case: 21STCV17212, Date: 2023-12-15 Tentative Ruling

Case Number: 21STCV17212    Hearing Date: December 15, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTION

            Attorney Martin E. Jacobs (Counsel) moves to be relieved as counsel for Plaintiff Colleen Howe (Plaintiff).

ANALYSIS

            Counsel has filed forms MC-051 and MC-052.  (Cal Rules of Court, rule 3.1362.)  Counsel states the instant motion is filed for the following reasons: “My health and the need to care for my wife preclude me from practicing law or traveling to Los Angeles. This is my last case in active litigation.” (MC-052.) Counsel also provides detailed information regarding his current medical condition. The Court finds that this is a valid reason for the withdrawal.  (See Rules Prof. Conduct, rule 1.16.) 

            However, counsel has not filed a proposed order (MC-053 form). In addition, the declaration of counsel does not set forth all of the hearing dates that have been set in this case. Consequently, the Court orders Counsel to file within 5 calendar days of the hearing a form MC-053 which should include information about all future hearings and proceedings noticed by any party, or ordered by the Court.

            Further, Counsel must serve the signed order (MC-053) within 10 days of the date of the order, and file a proof of service of such.  Counsel will remain the attorney of record for Plaintiff until Counsel files and serves the updated proposed order.  (See Cal. Rules of Court, rule 3.1362(e).)

            Accordingly, the Court conditionally GRANTS the motion pending Counsel’s filing and service of the updated form.  Counsel shall provide notice of the Court’s ruling.