Judge: Daniel M. Crowley, Case: 23STCV03727, Date: 2024-02-28 Tentative Ruling

Case Number: 23STCV03727    Hearing Date: February 29, 2024    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Plaintiff Edison Downtown’s Counsel, Giandominic Vitiello’s, Motion to Be Relieved as Counsel is granted.

On July 29, 2022, Plaintiff Edison Downtown (“Edison”) (“Plaintiff”) filed its operative Complaint against Defendants Higgins Loft AKA Higgins Loft Homeowners Association (“HOA”), John Agnew (“Agnew”), and Prime Association Services (“Prime”) (collectively, “Defendants”) in Case No. 22STCV24630, a related case to the instant lead case.  On November 4, 2022, Defendants filed their Answer.

On January 5, 2024, Edison’s counsel, Giandominic Vitiello of Katchko, Vitiello & Karikomi, PC, filed the instant Motion to be Relieved as Counsel.

Trial is set for July 29, 2024.

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 completed MC-051, MC-052, and MC-053 forms. Counsel has provided a declaration stating a there is a breakdown of the attorney-client relationship.  (See Decl. of Vitiello.)  Counsel has indicated that Edison was served with copies of the motion papers filed with the declaration at Edison’s last known address and confirmed within the past 30 days that the address is current by telephone and conversation.

Conclusion

Edison’s counsel’s Motion to Be Relieved as Counsel is granted.

Counsel will be relieved upon filing proof of service on their client of the Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil (Judicial Council form MC-053).

Moving Party to give notice.

Dated:  February _____, 2024