Judge: Elaine W. Mandel, Case: 23SMCV05880, Date: 2024-10-10 Tentative Ruling

Case Number: 23SMCV05880    Hearing Date: October 10, 2024    Dept: P

Tentative Ruling

Benson v. Kanizo, Case no. 23SMCV05880

Hearing date October 10, 2024

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

Now-deceased plaintiff Benson sued defendants Kanizo, Lavish Shadow and H&R Block for injuries sustained in a slip and fall. Defendant Kanizo cross-complained against Lavish Shadow and H&R Block. Moving parties Bahari and Graves, counsel for Benson, now seek to be relieved.

After learning of plaintiff’s passing, counsel communicated with plaintiff’s heirs. The heirs informed counsel they do not wish to proceed with the action. See Bahari decl. As such, counsel seeks to be relieved.

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 met their obligations under Cal. Rules of Court 3.1362. GRANTED. The court will set an OSC re dismissal of the matter.