Judge: Christopher K. Lui, Case: 23STCV06856, Date: 2025-02-27 Tentative Ruling

Case Number: 23STCV06856    Hearing Date: February 27, 2025    Dept: 76

            Plaintiff alleges that she was terminated after she informed her employer that she was pregnant.

            Attorney Douglas M. Wade moves to be relieved as counsel for Defendant AZRP Workforce Corp.

TENTATIVE RULING

            Attorney Douglas M. Wade’s motion to be relieved as counsel for Defendant AZRP Workforce Corp. is GRANTED. The order shall be effective upon the filing of the proof of service of the signed order upon the client.

ANALYSIS

Motion To Be Relieved As Counsel

            Attorney Douglas M. Wade moves to be relieved as counsel for Defendant AZRP Workforce Corp.

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).) An 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 withdrawal 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 filled out and submitted. 

The client has refused to pay counsel for services rendered. (Declaration, Attachment.) This is sufficient reasons to permit the withdrawal, as counsel is not expected to work for free.

There is currently no trial date set, which gives the client time to find new counsel, which it must do, as an entity may not represent itself in pro per.

The motion to be relieved as counsel is GRANTED. The order shall be effective upon the filing of the proof of service of the signed order upon the client.