Judge: Daniel M. Crowley, Case: 19STCV18370, Date: 2022-08-17 Tentative Ruling

All parties are urged to meet and confer with all parties concerning this tentative ruling to see if they can reach an agreed-upon resolution of their matter.  If you are able to reach an agreement, please notify the courtroom staff in advance of the hearing if you wish to submit on the tentative ruling rather than argue the motion by notifying the court by e-mailing the court at: SSCDEPT28@lacourt.org.  Include the word "SUBMITS" in all caps and the Case Number in the Subject line.  In the body of the email, please provide the date and time of the hearing, your name, your contact information, the party you represent, and whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, intervenor, or non-party, etc.

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Case Number: 19STCV18370    Hearing Date: August 17, 2022    Dept: 28

Plaintiff’s Counsel Law Offices of Samer Habbas’s Motion to Be Relieved as Counsel

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

BACKGROUND

On May 28, 2019, Plaintiff Anthony Pancho (“Plaintiff”) filed this action against Defendants Pomona Valley Chiropractic Clinic (“PVCC”) and Rafael Rios (“Rios”) for negligence.

On June 14, 2019, Rios filed an answer.

On July 18, 2022, Plaintiff’s Counsel Law Offices of Samer Habbas filed a Motion to be Relieved as Counsel, to be heard on August 10, 2022. The Court continued the hearing to August 17, 2022.

Trial is currently scheduled for December 28, 2022.

PARTY’S REQUESTS

Plaintiff’s counsel, Law Offices of Samer Habbas 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 submitted a completed MC-051, MC-052 and MC-053 form. Counsel has provided a declaration stating that there has been an irreconcilable breakdown between parties. Counsel has indicated that Plaintiffs were served via mail, with a return receipt requested, as confirmed via phone conversation. Counsel submitted proof of service on all parties, in addition. As such, the Court grants the motion.  

CONCLUSION

Counsel for Plaintiff’s Motion to be Relieved as Counsel is GRANTED. Counsel for Plaintiff will be relieved upon filing proof of service upon the client of the Order Granting Attorney’s Motion to Be Relieved as Counsel--Civil (Judicial Council form MC-053).

               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.