Judge: Christian R. Gullon, Case: 23PSCV00658, Date: 2024-10-16 Tentative Ruling

Case Number: 23PSCV00658    Hearing Date: October 16, 2024    Dept: O

Tentative Ruling

 

Lauren A. Landau, Esq. & Downtown La Law Group is GRANTED, effective upon [see below]. The court also requests Plaintiff’s Counsel to briefly address the 11/18/24 discovery motion.

 

Background

 

This is a personal injury case. Plaintiff RICHARD CASTRO alleges the following against Defendants CHRIST EXTENDED HAND (“Church”); TABAWA MINDFULNESS AND DETACHMENT CENTER (“Center”); and SEVIN DOE: On March 14, 2021, Plaintiff was a patron at a certain premises and was attacked by Sevin Doe, who is alleged to be an employee of the corporate defendants.[1]

 

On March 7, 2023, Plaintiff filed suit for:


1.    
Assault

2.    
Battery

3.    
Intentional Infliction of Emotional Distress (IIED)

4.    
Negligence and

5.    
Negligent Hiring, Supervision, and Retention

 

On August 31, 2023, Defendant Church filed its answer.

 

On September 31, 2023, the Center filed its answer. (The Answer was filed ‘pro per.’)

 

On October 18, 2023, Plaintiff dismissed the Church from the complaint without prejudice.

 

On February 13, 2024, Plaintiff filed a ‘Notice of Change of Handling Attorney.’

 

On March 6, 2024, the Center filed a Substitution of Attorney naming Counsel Schloss as counsel.

 

On August 14, 2024, Plaintiff’s counsel filed the instant motion.

 

On August 15, 2024, the Center filed a Motion for Order Establishing Admissions and for Monetary Sanctions Against Richard Castro.

 

Discussion

 

Plaintiffs’ Counsel seeks to be relieved on the “grounds that there has been an irredeemable breakdown in the attorney-client relationship that stands in the way of effective representation.” Should there be any prejudice by granting the motion, Plaintiff has not filed an opposition. Moreover, the case was relatively new such that there is no imminent trial date. As for the 11/18/24 discovery motion directed to Plaintiff, Plaintiff has ample time to retain new counsel. Notwithstanding, the court request Plaintiff’s Counsel to briefly address the motion as the motion states that discovery was propounded on 5/3/24 with an extension granted to 7/15/24, but to date, no discovery responses have been provided, though it was Counsel’s obligation to do so.

 

Conclusion

 

Based on the foregoing, the motion is granted effective upon service of motion and the court’s order upon all Plaintiff, Defendants, and all other parties who have appeared.

 



[1] As explained in the Center’s answer, Plaintiff allegedly had broken into the homeless center by climbing a fence and picked a fight with someone staying at the shelter.