Judge: Daniel M. Crowley, Case: 22STCV02674, Date: 2022-08-16 Tentative Ruling

Case Number: 22STCV02674    Hearing Date: August 16, 2022    Dept: 28

Plaintiff’s Counsel Robert S. Walch’s Motion to Be Relieved as Counsel

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

BACKGROUND

On January 21, 2022, Plaintiff Derek Zupancic (“Plaintiff”) filed this action against Defendants The Kroger Co. (“Kroger”), Ralphs Grocery Company (“Ralphs”), M703 Kroger West/Ralphs (“M703”) and James Flanagan (“Flanagan”) for premises liability.

On February 16, 2022, Defendant Hughes Markets, Inc. dba Ralphs (“Hughes”) filed an answer for Kroger, Ralphs and M703.

On July 12, 2022, Plaintiff’s Counsel Robert S. Walch filed a Motion to be Relieved as Counsel, both to be heard on August 16, 2022.

Trial is currently scheduled for July 21, 2023.

PARTY’S REQUESTS

Plaintiff’s counsel, Robert S. Walch 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 MC-053 form is incomplete. Counsel did not identify if the attorney personally served or served Plaintiff by mail, nor did counsel list Plaintiff’s current or last known address and telephone number. There is no indication of what additional hearings are scheduled or if trial has been set, yet. As such, the Court denies the motion.

CONCLUSION

Counsel for Plaintiff’s Motions to be Relieved as Counsel is DENIED.

             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.