Judge: Daniel M. Crowley, Case: 24STCV04860, Date: 2024-08-01 Tentative Ruling

Case Number: 24STCV04860    Hearing Date: August 1, 2024    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Plaintiff Asia Heredia Caldera’s Counsel, Igor Fradkin’s, Motion to Be Relieved as Counsel is granted.

The Court continues the Case Management Conference and the hearing on the Order to Show Cause why the complaint should not be dismissed and/or Plaintiff’s counsel sanctioned $250 for failing to file proof of service of the summons and complaint set for August 1, 2024, to October 21, 2024, at 8:30 a.m.

On February 27, 2024, Plaintiff Asia Heredia Caldera (“Caldera”) (“Plaintiff”) filed her operative Complaint against Defendant John Doe (“Doe”) (“Defendant”).

On March 12, 2024, Plaintiff’s counsel, Igor Fradkin, Esq., filed the instant Motion to be Relieved as Counsel. 

Trial is not set in this matter.

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 Plaintiff no longer responds to counsel’s attempts at communication, does not follow advice or suggests, and there no longer exists a level of trust necessary to continue representation.  (See Decl. of Fradkin.)  Counsel has indicated that Caldera was served with copies of the motion papers filed with the declaration at Caldera’s last known address and has confirmed within the past 30 days that the address is current by telephone.  (See Decl. of Fradkin ¶3.)

Conclusion

Caldera’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).

Case Management Conference / Hearing on Order to Show Cause

The Court continues the Case Management Conference and the hearing on the Order to Show Cause why the complaint should not be dismissed and/or Plaintiff’s counsel sanctioned $250 for failing to file proof of service of the summons and complaint set for August 1, 2024, to October 21, 2024, at 8:30 a.m.

Plaintiff to give notice.

Dated:  August _____, 2024