Judge: Holly J. Fujie, Case: 22STCV29763, Date: 2023-12-07 Tentative Ruling

Case Number: 22STCV29763    Hearing Date: December 8, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Leonard G. Cruz (“Cruz”)

On November 13, 2023, Cruz filed a motion to be relieved as counsel (the “Motion”) for Plaintiff Worldwide ATM, Inc. (“Plaintiff”).  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, Cruz declares that the attorney-client relationship has broken down, which resulted in Plaintiff terminating Cruz on July 27, 2023.  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.)  As a business entity, Plaintiff must be represented by counsel.  (See Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101.)  The Court will hold an OSC regarding Plaintiff’s representation on January 9, 2024 at 8:30 a.m. in this department.

Moving party is ordered to give notice of this ruling.

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 8th day of December 2023