Judge: Daniel M. Crowley, Case: 20STCV28238, Date: 2022-08-11 Tentative Ruling

Case Number: 20STCV28238    Hearing Date: August 11, 2022    Dept: 28

Plaintiff Gilberto Gonzalez’s Counsel Eric G. Rudin and Baer Treger LLP’s Motion to Be Relieved as Counsel

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

BACKGROUND

On July 27, 2020, Plaintiff Gilberto Gonzalez (“Plaintiff”) filed this action against Defendants Burbon 1420, LLC (“Burbon 1420”), Burbon, LLC (“Burbon”) and Alltime Maintenance, Inc. (“Alltime”) for general negligence and premises liability. Plaintiff later amended the complaint to include Defendant Ritz Flooring, Inc. (“Ritz”).

On January 8, 2021, Burbon 1420 filed an answer and a Cross-Complaint against Cross-Defendants Alltime and Ritz for equitable indemnity, contribution, apportionment of fault and declaratory relief. On March 10, 2021, Ritz filed an answer. On April 1, 2021, Alltime filed an answer.

On February 19, 2021, Ritz filed an answer and a Cross-Complaint against Roes 1 through 20 for indemnification, apportionment of fault and declaratory relief.

On April 5, 2021, Alltime filed an answer. On April 1, 2021, Alltime filed a Cross-Complaint against Ritz for equitable indemnity, partial equitable indemnity, contribution and equitable apportionment and declaratory relief. On April 29, 2021, Ritz filed an answer.

On July 12, 2022, Plaintiff’s counsel, Eric G. Rudin and Baer Treger LLP, filed a Motion to be Relieved as Counsel to be heard on August 11, 2022.

Trial is currently scheduled for September 9, 2022.

PARTY’S REQUESTS

Plaintiff’s counsel, Eric G. Rudin and Baer Treger LLP, requests 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 in the relationship and that Plaintiff refuses to follow counsel’s advice. Counsel has indicated that Plaintiff was served via mail at his current address, confirmed by telephone in the last 30 days. Counsel submitted proof of service on all parties, in addition. As such, the Court grants the motion. 

CONCLUSION

Counsel for Plaintiffs’ Motions to be Relieved as Counsel is GRANTED. Counsel for Plaintiffs 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.