Judge: Elaine W. Mandel, Case: 24SMCV00305, Date: 2024-10-29 Tentative Ruling
Case Number: 24SMCV00305 Hearing Date: October 29, 2024 Dept: P
Tentative Ruling
McGinty v. Davis, Case no. 24SMCV00305
Hearing date October 29, 2024
Plaintiff’s
Counsel White’s Motion to be Relieved
Plaintiff
McGinty sues for injuries due to a dog bite. Plaintiff’s counsel William White moves
to be relieved, citing Cal. Rules Prof. Conduct 1.16(b)(4) and (10), stating
plaintiff’s conduct renders it unreasonably difficult for counsel to carry out
the representation. Decl. White para. 2. Plaintiff has not filed opposition.
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 met all requirements under Cal. Rules of
Court 3.1362. As trial is not set, there is no prejudice to plaintiff. Plaintiff
may seek other counsel or proceed in pro per. GRANTED.