Judge: Christian R. Gullon, Case: 22PSCV00254, Date: 2023-05-25 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, attorneys are advised to check this website to determine if any changes or updates have been made to the tentative ruling.

Counsel may submit on the tentative rulings by calling the clerk in Dept. O at 909-802-1126 before 8:30 the morning of the hearing. Submission on the tentative does not bind the court to adopt the tentative ruling at the hearing should the opposing party appear and convince the court of further modification during oral argument.

The Tentative Ruling is not an invitation, nor an opportunity, to file any further documents relative to the hearing in question. No such filing will be considered by the Court in the absence of permission first obtained following ex-parte application therefore.

Case Number: 22PSCV00254    Hearing Date: May 25, 2023    Dept: O

Defense Counsel’s Motion to Be Relieved as Counsel is GRANTED, effective upon [see below].

2      On April 26, 2023, Defense Counsel Ryan G. Block (“Defense Counsel”) filed the instant motion to be relieved as counsel (“Motion”).

Defense Counsel makes the instant motion due to the irrevocable break-down of the attorney-client relationship related to the issue of payment and inability to reach the client. Here, a review of the letters sent to Defendant corroborate the attempts to contact the client, though efforts to no avail. (See MC-052 Form.) As for the court’s concern of prejudice to Defendant, the proof of service indicates that Defendant has been timely served with the motion, yet Defendant has not filed an opposition to explain any potential prejudice. Without voiced concern by Defendant, the court turns to the docket, which reveals no prejudice as there are no substantive motions on calendar that would require urgent representation; accordingly, Defendant has ample time to find new counsel, should she desire. Therefore, the court finds good cause for Defense Counsel to withdraw from the case.

Based on the foregoing—notably that the court does not find prejudice by granting the motion—the motion is granted effective upon the filing of proof of service of this court’s order relieving Defense Counsel sent to Plaintiffs, Defendant, and all other parties who have appeared in the case.