Judge: Elaine W. Mandel, Case: 23SMCV03914, Date: 2024-04-19 Tentative Ruling

Case Number: 23SMCV03914    Hearing Date: April 19, 2024    Dept: P

Tentative Ruling

Annie Fradin, et al. v. 1233 Penmar LLC, et al., Case No. 23SMCV03914

Hearing date April 19, 2024

Plaintiff’s Counsel’s Motion to be Relieved

 This is a nuisance action commenced by several plaintiffs who allege defendants who operate the Penmar Restaurant have allowed or created loud and excessive noise at the subject premises since November 2020.

Counsel William Litvak of Dapeer, Rosenbilt & Litvak, LLP seeks to be relieved as counsel for plaintiff Susan Santora. Counsel Litvak contends that there has a been a breakdown in the attorney-client relationship. See MC-052 at ¶ 2.  Under the circumstances, the court finds that this reason is acceptable and that plaintiff Santora will not be prejudiced as a result. See Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915. Plaintiff does not object, and trial is not until 11/18/24, sufficient time to allow plaintiff to find new counsel.

Counsel Litvak submitted the necessary forms required under California Rules of Court, rule 3.1362. Further, based on the proof of service attached to the filings, the service requirement under California Rules of Court, rule 3.1362(d) has been satisfied.

Accordingly, because Counsel Litvak has complied with the requirements set for under California Rules of Court, rule 3.1362, the motion to be relieved as counsel is GRANTED.