Judge: Cherol J. Nellon, Case: 23STCV27564, Date: 2024-03-07 Tentative Ruling

Case Number: 23STCV27564    Hearing Date: March 7, 2024    Dept: 14

Garcia vs. Lowe's Home Centers

Case Background

Plaintiff alleges he was fired after being injured on the job.

On November 9, 2023, Plaintiff filed his Complaint for (1) Discrimination, (2) Harassment, (3) Retaliation, (4) Failure to Accommodate, (5) Failure to Engage, (6) Discrimination/Retaliation, (7) Failure to Prevent, (8) Whistleblower Retaliation, (9) Violation of Labor Code § 232.5, (10) Violation of Labor Code § 226.7, (11) Wrongful Termination, and (12) Intentional Infliction of Emotional Distress against Defendants Lowe’s Home Centers, LLC, Lowe’s Companies, Inc., Fabiola Garcia, Edwin Hurtado, and DOES 1-100.

On January 5, 2024, Defendants Lowe’s Home Centers, LLC and Lowe’s Companies, Inc. filed their joint Answer.

No trial date has yet been set.

Instant Motion

Attorney Carney R. Shegerian (“Shegerian”) now seeks to be relieved as counsel of record for Plaintiff Angel Garcia.

Decision

            The motion is GRANTED, effective upon the filing of the proof of service of the signed order upon the client.

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.

Discussion

            Counsel Shegerian has completed the required forms. Those forms indicate that the client has been served by mail at the most recent address counsel can find by way of an internet records search.

            Counsel Shegerian indicates that he and his firm wish to withdraw because the client has made it unreasonably difficult to continue the representation pursuant to California Rules of Professional Conduct Rule 1.16(b)(4).

            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 order upon the client.