Judge: Christian R. Gullon, Case: 24PSCV02653, Date: 2025-02-14 Tentative Ruling

Case Number: 24PSCV02653    Hearing Date: February 14, 2025    Dept: O

Tentative Ruling

Plaintiff Counsel’s Shaun J. Bauman, Esq.’s Motion to be Relieve as Counsel is TBD/GRANTED, effective upon see below. (A proposed order has been filed.)

Background

This case arises from a motor vehicle accident that happened in August 2022.

On August 15, 2024, Plaintiff Erik Tostado filed suit against Defendant Jesus Alvarado.

On December 5, 2024, Plaintiff’s Counsel filed the instant motion.

An OSC re failure to file POS and a CMC are set for 2/14/25.

Discussion

According to the MC-052 form, Counsel seeks to be relieved as counsel because there has been significant breakdown in the communication between Plaintiff and Counsel. Counsel’s office has attempted to discuss the substitution of attorney form in an attempt to have Plaintiff substitute his office out of the case, but Counsel has been unable to establish contact.

Here, the court finds good cause to grant the motion, especially as the case was recently filed and no substantive motions are pending requiring imminent representation.

The only defect the court notes is that the POS does not provide that Defendant was served with notice of the motion and the motion’s relevant documents/forms. If Defendant has been served with the summons and complaint, then service of this motion is required.

Conclusion

Based on the foregoing, the motion is TBD depending on whether Defendant has been served with the summons and complaint and/or, in the alternative, granted effective upon service of motion and the court’s order upon Plaintiff and all other parties who have appeared.