Judge: Daniel M. Crowley, Case: 24STCV09452, Date: 2025-04-17 Tentative Ruling

Case Number: 24STCV09452    Hearing Date: April 17, 2025    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Plaintiff Jesus Guillermo Gomez’s Counsel, Mitchell P. Beck’s, Motion to Be Relieved as Counsel is granted.

On April 15, 2024, Plaintiffs Jesus Guillermo Gomez (“Gomez”) and Christopher Tijerino Moraba (“Tijerino Moraba”) (collectively, “Plaintiffs”) filed their operative Complaint against Defendants Kemani Matthew Saunders (“Kemani”) and Matthew Alonzo Saunders (“Matthew”) (collectively, “Defendants”).  On October 7, 2024, Plaintiffs filed a notice of dismissal of Tijerino Moraba with prejudice.  (10/7/24 Request for Dismissal.)

On November 18, 2024, Gomez’s counsel, Mitchell P. Beck, 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 attorney client relationship has deteriorated to the point it would make it impossible for counsel to adequately represent Plaintiff in this matter.  (See Decl. of Beck.)  Counsel has indicated that Plaintiff was served with copies of the motion papers filed with the declaration at Plaintiff’s last known address and Counsel confirmed that the address is current by telephone.  (See Decl. of Beck ¶3.)

Conclusion

Plaintiff’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:  April _____, 2025