Judge: Daniel M. Crowley, Case: 18STCV00037, Date: 2022-09-08 Tentative Ruling

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Case Number: 18STCV00037    Hearing Date: September 8, 2022    Dept: 28

Plaintiff Soheila Manasheh’s Counsel Paul Kingston and the Law Offices of Paul Kingston’s Motion to Be Relieved as Counsel

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On October 9, 2018, Plaintiff Soheila Manasheh (“Plaintiff”) filed this action against Defendants Green Viking Real Estate, LLC (“Viking”) and City of Los Angeles (“City”) for negligence and dangerous property liability.

On November 27, 2019, the City filed an answer and a Cross-Complaint against Cross-Defendant Viking for indemnification, apportionment of fault and declaratory relief. On December 11, 2019, Viking filed an answer.

On December 11, 2019, Viking filed an answer.

On August 17, 2022, Plaintiff’s counsel, Paul Kingston and the Law Offices of Paul Kingston, filed a Motion to be Relieved as Counsel to be heard on September 8, 2022. 

Trial is currently scheduled for December 23, 2022.

PARTY’S REQUESTS

Plaintiff’s counsel, Paul Kingston and the Law Offices of Paul Kingston, request to be relieved as counsel for Plaintiff.

LEGAL STANDARD

California Rule of Court rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil form (MC-053)).

The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client, and it does not disrupt the orderly process of justice. (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)

DISCUSSION

Counsel has not submitted all prerequisite forms; Counsel only submitted a MC-051 form and not a MC-052 or MC-053 form. The Court denies the motion.

CONCLUSION

Counsel for Plaintiff’s Motion to be Relieved as Counsel is DENIED.

               Counsel for Plaintiff is ordered to give notice of this ruling.

Counsel for Plaintiff is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.