Judge: Holly J. Fujie, Case: 23STCV03957, Date: 2024-01-16 Tentative Ruling

Case Number: 23STCV03957    Hearing Date: February 8, 2024    Dept: 56

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

KAREN MACIEL-GOMEZ,

                        Plaintiff,

            vs.

AMERICAN TAX SOLUTIONS, et al.,                                                           

                        Defendants.   

 

      CASE NO.: 23STCV03957

 

[TENTATIVE] ORDER RE: MOTION TO BE RELIEVED AS COUNSEL

 

Date:  February 8, 2024

Time: 8:30 a.m.

Dept. 56

Jury Trial: August 19, 2024

 

 

MOVING PARTY: Tung & Associates, APLC (“T&A”)

 

On January 16, 2024, T&A filed a motion to be relieved as Plaintiff’s counsel (the “Motion”).  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, counsel declares that the attorney-client relationship has deteriorated to an extent that that prevents the representation from proceeding.  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.)  

 

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 February 2024

 

 

 

 

Hon. Holly J. Fujie

Judge of the Superior Court