Judge: Daniel M. Crowley, Case: 21STCV32613, Date: 2023-03-03 Tentative Ruling

Case Number: 21STCV32613    Hearing Date: March 3, 2023    Dept: 28

Plaintiff’s Counsel Jasmine Badawi’s Motion to Be Relieved as Counsel

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

BACKGROUND

On September 2, 2021, Plaintiff Jose Silva Plascencia (“Plaintiff”) filed this action against Defendant Delta Air Lines, Inc. (“Defendant”) for negligence.

On January 23, 2023, Plaintiff’s counsel, Jasmine Badawi, filed a Motion to be Relieved as Counsel to be heard on March 3, 2023.

There is no currently scheduled trial date.

PARTY’S REQUESTS

Plaintiff’s counsel, Jasmine Badawi, 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 provided a declaration stating that Plaintiff passed away on January 29, 2022. Counsel has not indicated that Counsel attempted to contact successors in interest. The Court cannot grant relief without a represented party. The Court denies the motion.

CONCLUSION

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

               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.