Judge: Daniel M. Crowley, Case: 20STCV47012, Date: 2022-08-12 Tentative Ruling

Case Number: 20STCV47012    Hearing Date: August 12, 2022    Dept: 28

Plaintiffs’ Counsel Rodrigo Suarez’s Motion to Be Relieved as Counsel

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

BACKGROUND

On December 9, 2020, Plaintiffs Jacob Johnny Dominguez (“Jacob”), Raul Dominguez (“Raul”), Lorenzo Dominguez (“Lorenzo”), Fabviola Rosales (“Rosales”), Anna Marie Martinez (“Martinez”), Linda Martinez Quinonez (“Quinonez”), Oscar Escarmillo (“Oscar”) and Marie Escamillo (“Marie”) against Defendants City of Balwin Park (“Baldwin Park”), City of West Covina (“West Covina”), State of California (“State”) and Salvador Gomez (“Gomez”) for motor vehicle negligence and wrongful death.

On August 24, 2021, the State and West Covina both filed answers. On December 17, 2021, Baldwin Park filed an answer.

On July 27, 2022, the Court dismissed Rosales, without prejudice, pursuant to Plaintiff’s request.

On June 16, 2022, Plaintiffs’ Counsel, Rodrigo Suarez, filed a Motion to be Relieved as Counsel to be heard on July 7, 2022. The Court continued the hearing on the motion to August 12, 2022, to give counsel time to provide proof of service.

Trial is currently scheduled for April 24, 2023.

PARTY’S REQUESTS

Plaintiffs’ counsel, Rodrigo Suarez, 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

The Court previously continued the hearing on this motion so that counsel could submit proper proof of service on all parties. Counsel filed proof of service on July 13, 2022, showing that the motion was served on all parties. Counsel has otherwise complied with all requirements. As such, the Court grants the motion.

CONCLUSION

Counsel for Plaintiffs’ Motion 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.