Judge: Bruce G. Iwasaki, Case: 21STCV45776, Date: 2024-08-15 Tentative Ruling


Case Number: 21STCV45776    Hearing Date: August 15, 2024    Dept: 58

Judge Bruce Iwasaki

Department 58

Hearing Date:             August 15, 2024         

Case Name:                 Woodrow Wong, et al. v. Jerrod Gutierrez, et al.

Case No.:                    21STCV45776

Motion:                       Motion to be Relieved as Counsel

Moving Party:             Plaintiff’s Counsel

Responding Party:      N/A

 

Tentative Ruling:      Motion to be relieved as counsel is granted.

 

 

Background

            On December 14, 2021, Woodrow Wong and GWC Real Estate Services, LLC (Plaintiffs) filed a Complaint containing thirteen causes of action against several defendants. The motion now before the Court is the motion of Plaintiffs’ counsel to be relieved (the Motion). 

 

Discussion

 

Legal Standard

An application to be relieved as counsel must be made on Judicial Counsel Form MC-051 (Notice of Motion and Motion) (Cal. Rules of Court, rule 3.1362(a)), MC-052 (Declaration) (Cal. Rules of Court, rule 3.1362(c)), and MC-053 (Proposed Order) (Cal. Rules of Court, rule 3.1362(e)). The proposed order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. (Cal. Rules of Court, rule 3.1362(e).)

 

            Further, the requisite forms must be served on the client and all other parties who have appeared in the case. (Cal. Rules of Court, rule 3.1362(d).) The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court. (Cal. Rules of Court, rule 3.1362(e).) A motion to withdraw will not be granted where withdrawal would prejudice the client. (Ramirez v. Sturdevant (1994), 21 Cal.App.4th 904, 915.)

 

Analysis

            Plaintiffs’ counsel has filed the requisite MC-051 and MC-052 forms. Additionally, counsel filed the Motion on July 16, 2024, and included the next hearing date at that time which was an OSC on July 25, 2024. Trial is currently not yet set. Notice requirements have been satisfied and counsel indicates Plaintiffs have failed to respond to or communicate with counsel as the cause for the Motion.  

 

Conclusion

            As all requirements for the Motion have been met, Plaintiffs’ Counsel’s Motion to be Relieved as Counsel is GRANTED.