Judge: Holly J. Fujie, Case: 21STCV39871, Date: 2023-04-11 Tentative Ruling

Case Number: 21STCV39871    Hearing Date: April 11, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Gary R. Carlin (“Carlin”)

Carlin seeks to be relieved as Plaintiff’s counsel.  Carlin’s motion to be relieved as counsel (the “Motion”) is compliant with California Rules of Court, rule 3.1362.  The Motion is unopposed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure section 1005, subdivision (b).

DISCUSSION

The court has discretion on whether to allow an attorney to withdraw, and a motion to withdraw will not be granted where withdrawal would prejudice the client.  (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) 

In support of the Motion, Carlin declares that he has not been able to reach Plaintiff despite many efforts to contact him and that there been a breakdown in communication and trust such that continuing the representation is impossible.  The Court finds this to be an adequate basis for withdrawal.  For this reason and because it is unopposed, the Court GRANTS the Motion.  (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

On March 15, 2023, the same day Carlin filed the Motion, Defendant filed a motion for summary judgment (the “MSJ”) that is scheduled to be heard on May 31, 2023.  In light of the proximity of the hearing on the MSJ and the July 17, 2023 trial date, and to allow Plaintiff time to retain new counsel before the hearing, on its own motion, the Court continues the MSJ hearing date to July 13, 2023 at 8:30 a.m. in this department.  The Court additionally continues the trial date to September 12, 2023 at 9:30 a.m. in this department and continues the final status conference to August 29, 2023 at 98:30 a.m. in this department.

Moving party is ordered to give notice of this ruling.

In consideration of the current COVID-19 pandemic situation, the Court¿strongly¿encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.¿¿If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to¿SMC_DEPT56@lacourt.org¿stating your intention to appear in person.¿ The Court will then inform you by close of business that day of the time your hearing will be held. The time set for the hearing may be at any time during that scheduled hearing day, or it may be necessary to schedule the hearing for another date if the Court is unable to accommodate all personal appearances set on that date.¿ This rule is necessary to ensure that adequate precautions can be taken for proper social distancing. 

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar. 

         Dated this 11th day of April 2023