Judge: Elaine W. Mandel, Case: 24SMCV00346, Date: 2025-04-15 Tentative Ruling

Case Number: 24SMCV00346    Hearing Date: April 15, 2025    Dept: P

Tentative Ruling

Best Golf Carts v. Westside Cart Rentals, Case no. 24SMCV00346

Hearing date April 15, 2025

Defendant’s Counsel Prout/Ross, Wolcott’s Motion to be Relieved

Plaintiff Best Golf Carts sues defendant Westside Cart Rentals for breach of contract arising from alleged failure to return golf carts lent to defendant. Defendant’s counsel Andrew Prout of Ross, Wolcott, Teinert & Prout LLP moves to be relieved, citing a breakdown in the attorney-client relationship and failure to pay. Decl. Prout para. 2; attch. 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). Counsel has complied with all 3.1362 requirements. There is no opposition.

Trial is set for 7/14/25. As defendant has four months to retain new counsel, granting this motion will not prejudice defendant. GRANTED. As an entity, defendant Westside Cart Rental will need to find alternative counsel.