Judge Daniel M. Crowley, Case 20STCV10971 2023-03-01 Tentative Ruling

Judge: Daniel M. Crowley, Case: 20STCV10971, Date: 2023-03-01 Tentative Ruling

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Case Number: 20STCV10971 Hearing Date: March 1, 2023 Dept: 28

Plaintiff David Turner’s Counsel Gerald L. Marcus, Esq.’s Motion to Be Relieved as Counsel

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

BACKGROUND

On March 18, 2020, Plaintiff David Turner (“Plaintiff”) filed this action against Defendants City of Compton (“Compton”), City of Los Angeles (“City of LA”) and County of Los Angeles (“County”) for premises liability—negligence and dangerous condition of public property.

On July 14, 2020, the Court dismissed the County, without prejudice, pursuant to Plaintiff’s request. On July 14, 2020, Compton filed an answer. On July 22, 2020, the Court dismissed the City of LA, without prejudice, pursuant to Plaintiff’s request.

On January 23, 2023, Plaintiff’s counsel, Gerald L. Marcus, Esq., filed a Motion to be Relieved as Counsel to be heard on March 1, 2023.

Trial is currently scheduled for June 23, 2023.

PARTY’S REQUESTS

Plaintiff’s counsel, Gerald L. Marcus, Esq., 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 forms. Counsel has provided a declaration stating that there has been an irreconcilable breakdown in the attorney-client relationship. Counsel has indicated that Plaintiff was served via mail, address confirmed by telephone. Counsel also served all parties. The Court grants the motion.

CONCLUSION

Plaintiff’s Counsel's Motion to Be Relieved as Counsel is GRANTED. Counsel 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).

The Order to Show Cause set for March 15, 2023 is advanced and vacated.

Counsel is ordered to give notice of this ruling.

Counsel 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.