Judge: Anne Hwang, Case: 21STCV35176, Date: 2023-10-06 Tentative Ruling

Case Number: 21STCV35176    Hearing Date: October 6, 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 (which is highly encouraged).  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

            Attorneys Adina Ostoia and Kate Jamsheed (Counsel) move to be relieved as counsel for Plaintiff Lon Derek Carter (Plaintiff).

ANALYSIS

            Counsel has filed forms MC-051 and MC-052 and has lodged with the Court a copy of the proposed order on form MC-053 as required.  (Cal Rules of Court, rule 3.1362.)  Counsel states the instant motion is filed for the following reasons: “There has been a breakdown in attorney-client communication such that continued representation is no longer feasible. We have been unable to have the client sign the substitution of attorney.”  (MC-052.)  The Court finds that this is a valid reason for the withdrawal.  (See Rules Prof. Conduct, rule 1.16.) 

            Trial is currently set for November 1, 2023, with a Final Status Conference date of October 18, 2023. Although it appears that counsel was unable to reserve an earlier motion hearing date, counsel did not seek to advance the hearing on the motion to be relieved or continue the trial date.

            The Court finds that permitting counsel to withdraw at this late stage would likely result in prejudice to the rights of Plaintiff. Accordingly, the Court denies the motion.

            Counsel shall give notice of the Court’s order and file a proof of service of such.