Judge: Christian R. Gullon, Case: 23PSCV00820, Date: 2024-08-15 Tentative Ruling

Case Number: 23PSCV00820    Hearing Date: August 15, 2024    Dept: O

Tentative Ruling

(1)   Plaintiff’s Counsel Jorge Ledezma’s Motion to be Relieve as Counsel re: Edgar Montanez is GRANTED, effective upon [see below].

(2)   Plaintiff’s Counsel Jorge Ledezma’s Motion to be Relieve as Counsel re: Dorothy Anne Hernandez as Guardian ad Litem for Kendrick Montanez is GRANTED, effective upon [see below].

(3)   Plaintiff’s Counsel Jorge Ledezma’s Motion to be Relieve as Counsel re: Driszel Salcedo is GRANTED, effective upon [see below].

Background

This case arises from a motor vehicle accident that happened on 2/28/2022 wherein Defendant Mauricio Zamora Lopez, who was driving a semi-truck, allegedly side swiped the plaintiffs’ vehicle.

On March 20, 2023, Plaintiffs DRISZEL SALCEDO, EDGAR MONTANEZ, and KENDRICK MONTANEZ, a minor by and through his Guardian ad Litem DOROTHY ANNE HERNANDEZ filed suit against Defendants ECOLOGY AUTO PARTS INC., and MAURICIO LOPEZ ZAMORA.

On September 7, 2023, Defendants filed their answer.

On April 30, 2024, the parties attended a post-mediation status conference wherein “Defense Counsel informs the Court that parties had a tentative settlement, however, after additional discovery the settlement fell through. Defense Counsel represents to the Court that Plaintiff's Deposition is scheduled for late May 2024.” The minute order also reflects that the parties are ordered to meet and confer re: ADR.

On July 5, 2024, Plaintiffs’ Counsel filed the instant 3 motions (and on that day, served all parties).

Discussion

Plaintiffs’ Counsel seeks to be relieved as counsel because there has been “[a]n irreparable breakdown of attorney-client relationship has occurred that makes it impossible for attorney to represent this client.” Though details are not provided, that is sufficient enough to justify good cause in granting the motion. As for any prejudice by granting the motion, Plaintiffs have not filed an opposition to explain any such prejudice. Moreover, the CMC/ADR is not scheduled until 10/29/24, allowing Plaintiffs ample opportunity to find new counsel.

Conclusion

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