Judge: Elaine W. Mandel, Case: 23SMCV01835, Date: 2024-10-16 Tentative Ruling

Case Number: 23SMCV01835    Hearing Date: October 16, 2024    Dept: P

Tentative Ruling

Lakner v. United Services Automobile Association, Case no. 23SMCV01835

Hearing date October 16, 2024

Plaintiff’s Counsel’s Motion to be Relieved as Counsel

Plaintiff sues for breach of insurance contract and breach of the covenant of good faith a fair dealing. Plaintiff’s counsel Gabor Szabo moves to be relieved as counsel, citing the client’s lack of cooperation (see Decl. Szabo, 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). Plaintiff’s counsel has not filed a proposed order as required under Cal. Rules of Court 3.1362(e).

As trial is set for 2/24/2025, plaintiff would not be prejudiced by the court’s granting of this motion, as there is time to find substitute counsel. The motion is GRANTED contingent upon counsel’s filing of a proposed order.