Judge: Elaine W. Mandel, Case: 23SMCV00610, Date: 2024-10-28 Tentative Ruling

Case Number: 23SMCV00610    Hearing Date: October 28, 2024    Dept: P

Tentative Ruling

Ramirez v. Velazquez, Case no. 23SMCV00610

Hearing date October 28, 2024

Plaintiffs’ Counsel’s Motions to be Relieved

Plaintiffs Doraldina Ramirez, Consuelo Foronda and Jose Luis Navarro sue defendants Jaime Zurita Velazquez, Berger Transfer & Storage and Penske Truck Leasing for motor vehicle and general negligence claims arising from a motor vehicle accident. Trial was set for 9/30/2024. Plaintiffs’ counsel Mark David Ruszecki moved ex parte 9/17/2024 to be relieved as counsel. Plaintiffs argued they did not receive notice of counsel’s motion to be relieved. The court noted that no proofs of service had been filed. Min. Order 9/20/2024. The court vacated the 9/30/2024 trial date and ordered Ruszecki to serve the motion to be relieved on plaintiffs. Id. Ruszecki moves to be relieved as counsel for all plaintiffs, citing a breakdown in the attorney-client relationship. Decl. Ruszecki para. 2.

An application to be relieved must be made on judicial counsel form MC-051 (Notice of Motion and Motion) per Cal. Rules of Court, rule 3.1362(a), MC-052 (Declaration) per CRC rule 3.1362(c), and MC-053 (Proposed Order) per CRC rule 3.1362(e).¿ The proposed order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. CRC rule 3.1362(e). Plaintiffs’ counsel has met all requirements under Cal. Rules of Court 3.1362 and has filed proofs of service as to all plaintiffs.

Trial is not set in this action. There is no risk of prejudice to plaintiffs. GRANTED.