Judge: Cherol J. Nellon, Case: 23STCV03246, Date: 2023-10-12 Tentative Ruling

Case Number: 23STCV03246    Hearing Date: October 12, 2023    Dept: 14

Instant Motion

Attorneys Christopher R. Chapman and Claudia Borsutzki (“Borsutzki”) now seek to be relieved as counsel of record for Plaintiff Genaro Aviles Reyes. They will remain as counsel for the other Plaintiffs

Governing Rule

            California Rules of Court Rule 3.1362 requires that counsel fill out forms MC-051, MC-052, and MC-053. These forms serve two basic functions: (1) ensuring that notice is given to the client and (2) providing the court with an adequate explanation of why the matter is being handled via motion rather than mutual consent. See Code of Civil Procedure § 284; California Rules of Court Rule 3.1362.

Decision

            Counsel Borsutzki has completed the required forms. Those forms indicate that the client, when reached on the telephone, has refused to provide counsel with his address, instructing instead that counsel leave documents with a Ms. Fabiola Frausto. Counsel have followed those instructions.

            Counsel Borsutzki indicates that Plaintiff Genaro Aviles Reyes has expressed a desire not to prosecute this suit any further.

            Counsel has complied with the requirements of Rule 3.1362, and relief is appropriate under the circumstances of this case. The motion is GRANTED, effective upon the filing of the proof of service of the signed orders upon the client.

            The court also sets an OSC re: dismissal of the claims of Plaintiff Genaro Aviles Reyes for December 15, 2023, at 8:30 am.