Judge: Christian R. Gullon, Case: 22PSCV00971, Date: 2023-08-23 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: 22PSCV00971    Hearing Date: August 23, 2023    Dept: O

Tentative Ruling

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

Background

This is an ADA case.

On September 2, 2022, Plaintiff Rebecca Castillo filed suit against Defendant Bear Flag Fish Company.

On October 28, 2022, Defendant filed its answer.

On June 21, 2023, Plaintiff filed a ‘Notice of Settlement of Entire Case,’ indicating that “[a] request for dismissal will be filed within 45 days after the date of the settlement.” (An OSC Re: Dismissal (Settlement) is scheduled for 11/02/2023).

On July 12, 2023, Defense Counsel William M. Hensley/Skyler J. May filed the instant motion.

Discussion

Defense Counsel seeks to be relieved as counsel because Defendants fail to comply with the attorney engagement letter and fail to communicate with counsel.

As Defense Counsel has complied with all California Rules of Court Rule 3.1362 (filed MC-051, 052, and 053 forms) and has appropriately served Plaintiff and Defendants, the court grants the motion. That said, the court is uncertain whether there is a “live” action as the parties have settled and the action is to soon be dismissed; the court will inquire as to the status of the case during the hearing.

Conclusion

Based on the foregoing, Defense Counsel’s Motion to Be Relieved as Counsel is GRANTED, effective upon serving this court’s order relieving Counsel sent to Plaintiff, Defendant, and all other parties who have appeared in the case.