Judge: Daniel M. Crowley, Case: 20STCV47892, Date: 2022-09-07 Tentative Ruling

Case Number: 20STCV47892    Hearing Date: September 7, 2022    Dept: 28

Defendant Rosa Cruz-Liera's Counsel Marcus Gomez’s Motion to Be Relieved as Counsel

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

BACKGROUND

On December 15, 2020, Plaintiff Jane Doe V.L. (“Plaintiff”) filed this action against Defendants Los Angeles County Department of Children and Family Services (“County”), Rosa Cruz-Liera (“Cruz-Liera”) and Luis Gil-Salas (“Gil-Salas”) for negligence – vicarious liability, negligence – failure to discharge mandatory duties, negligence per se and sexual assault/sexual battery.

On July 22, 2021, Plaintiff filed the FAC.

On September 2, 2021, the County file an answer. On September 10, 2021, Cruz-Liera filed an answer.

On July 15, 2022, Cruz-Liera's counsel, Marcus Gomez, filed a Motion to be Relieved as Counsel to be heard on September 7, 2022. 

Trial is currently scheduled for March 8, 2023.

PARTY’S REQUESTS

Plaintiff’s counsel, Marcus Gomez, 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 submitted a completed MC-051, MC-052 and MC-053 form. Counsel provided a declaration stating that there has been an irremediable breakdown in the attorney-client relationship. Counsel has indicated that their client was served personally with the papers in support of this motion. However, Counsel did not submit proof of service for their client or any other party that has appeared in this motion. As such, counsel has not complied with all requirements. The Court will continue the hearing on the motion so that counsel can submit proof of service on all parties.

CONCLUSION

Counsel for Cruz-Liera’s Motion to be Relieved as Counsel is CONTINUED to October 7, 2022, at 1:30 p.m. in Department 28 of the Spring Street Courthouse. Counsel is ordered to file proof of service by September 9, 2022.