Judge: Deirdre Hill, Case: 21STCV20535, Date: 2023-05-11 Tentative Ruling

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Case Number: 21STCV20535    Hearing Date: May 11, 2023    Dept: M

Superior Court of California

County of Los Angeles

Southwest District

Torrance Dept. M

 

BRENDA SESSION, et al.,

 

 

 

Plaintiffs,

 

Case No.:

 

 

21STCV20535

 

vs.

 

 

[Tentative] RULING

 

 

MEMORIAL HOSPITAL OF GARDENA, M.D., et al.,

 

 

 

Defendants.

 

 

 

 

 

 

 

Hearing Date:                         May 11, 2023

 

Moving Parties:                      Attorney Robert B. Gibson of Gibson & Hughes, counsel for plaintiff Micah Session

Responding Party:                  None

Motion to Be Relieved as Counsel

The court considered the moving papers.

RULING

The motion is GRANTED.  The court orders that plaintiff Micah Session’s attorney be relieved as counsel of record, effective upon the filing of the proof of service of the signed “Order Granting Attorney’s Motion to Be Relieved as Counsel – Civil” (Judicial Council form MC-053) upon the client.

BACKGROUND

On June 1, 2021 Plaintiffs Brenda Session and Lowdean Session (mother and father of Marlon Lamont Session, deceased) and Micah Session (son of Marlon) filed a Complaint for (1) wrongful death, (2) governmental negligence, and (3) medical malpractice against Memorial Hospital of Gardena, M.D., and Los Angeles County Metropolitan Transportation Authority (“LACMTA”).

On Apl 28,  2023, LACMTA was dismissed with prejudice.

LEGAL STANDARD

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.  (See Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915; People v. Prince (1968) 268 Cal. App. 2d 398.)

CRC Rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (“and must be 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)).

DISCUSSION

            Plaintiff Micha’s counsel, Robert B. Gibson, moves to be relieved as his counsel.

            Counsel explains in his declaration that there are fundamental differences in the evaluation and management of the case between plaintiff and counsel, which are impossible to resolve.

The court finds that counsel submitted a declaration establishing that the service requirements of California Rules of Court, Rule 3.1362, have been satisfied.  The court also finds that counsel has shown sufficient reasons why the motion to be relieved as counsel should be granted.

The motion is GRANTED.

Moving counsel is ordered to give notice of this ruling.