SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

BACKGROUND 

 This is an action for damages arising from alleged medical malpractice.  It was filed on March 8, 2024.  No trial date has been set in this case.   

 

Counsel for Plaintiff, Neil Howard (“Howard”), is seeking to withdraw as counsel for Plaintiff, .and has filed a motion to be relieved as counsel (the “Motion”) on July 31, 2024.  The Motions are compliant with California Rules of Court, rule 3.1362.  The Motions is unopposed.   

 

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.)  Withdrawal is generally permitted unless there is a compelling reason to continue the representation.  (Heple v. Kluge (1951) 104 Cal.App.2d 461, 462.)   

 

In connection with the Motion, Howard cites “a total breakdown in the communication between plaintiff and [himself] which prevents plaintiff’s present counsel from effectively prosecuting this action.  Issues have arisen which cannot be disclosed in writing by this declarant due to the attorney-client privilege.”  

 

The Court finds that the Motion sets forth an adequate basis for withdrawal.  The Court, therefore, GRANTS the Motion.  The Court notes that Plaintiff, as an individual, may appear in propria persona in this case. 

 

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 3rd day of September, 2024