Judge: Christopher K. Lui, Case: 22STCV08325, Date: 2023-09-14 Tentative Ruling

Case Number: 22STCV08325    Hearing Date: September 14, 2023    Dept: 76

            Plaintiff alleges wage and hour violations and harassment based on gender, which caused her to be constructively terminated.

            Attorney Michael A. Sigall, Esq. moves to be relieved as counsel for Defendant Metrolab, Inc.

TENTATIVE RULING

            Attorney Michael A. Sigall, Esq.’s motion to be relieved as counsel for Defendant Metrolab, Inc. is GRANTED. This order shall become effective upon the filing of the proof of service of the signed order upon the client. Moving attorney must complete the proposed order on form MC-053, including the clients address and telephone number..

The Court sets an OSC re: the entity Defendant’s retention of counsel for October 13, 2023 at 8:30 a.m.

ANALYSIS

Motion To Be Relieved As Counsel

Discussion

Attorney Michael A. Sigall, Esq. moves to be relieved as counsel for Defendant Metrolab, Inc.

California Rules of Court, Rule 3.1362 requires that the following Mandatory Judicial Council forms be filed for a motion to be relieved as counsel: Notice of Motion and Motion to Be Relieved as Counsel--Civil (form MC-051); Motion to Be Relieved as Counsel--Civil (form MC-052); and Order Granting Attorney's Motion to Be Relieved as Counsel--Civil (form MC-053). (See Calif. Rules of Court, Rule 3.1362(a), (c), (e).)  These three forms must be served on must be served on the client and on all other parties who have appeared in the case. (Calif. Rules of Court, Rule 3.1362(d).)

The Court may issue an order allowing an attorney to withdraw from representation, after notice to the client. (Code Civ. Proc., § 284(2).)  n attorney may withdraw with or without cause as long as the withdrawal would not result in undue prejudice to the client's interest - i.e., counsel cannot withdraw at a critical point in the litigation because that would prejudice client, but can withdraw otherwise.  (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) The court has discretion to deny an attorney’s request to withdraw where such withdraw would work an injustice or cause undue delay in the proceeding; but the court’s discretion in this area is one to be exercised reasonably. (Mandell v. Superior Court (1977) 67 Cal.App.3d 1, 4.)

All mandatory Judicial Council forms have been submitted. However, moving attorney must complete the proposed order on form MC-053, including the clients address and telephone number..

The client has indicated that it has obtained new counsel and wanted to terminate the attorney-client relationship, but the client has not communicated with moving attorney since. (Declaration, ¶ 2.)

Trial is currently set for November 27, 2023, which gives the client time a little time to locate new counsel, if it has not in fact already obtained new counsel,, which the entity Plaintiff must do, as it cannot represent itself in pro per.

Here, permitting withdrawal of counsel is appropriate if the client wishes to terminate the relationship and has obtained other counsel.

The motion to be relieved as counsel is GRANTED. This order shall become effective upon the filing of the proof of service of the signed order upon the client. Moving attorney must complete the proposed order on form MC-053, including the clients address and telephone number..

The Court sets an OSC re: the entity Defendant’s retention of counsel for October 13, 2023 at 8:30 a.m.