Judge: Holly J. Fujie, Case: BC306683, Date: 2024-10-10 Tentative Ruling

Case Number: BC306683    Hearing Date: October 10, 2024    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On September 18, 2024, James W. McDanel (“McDanel”), counsel of record for Plaintiff, filed the instant Motion to be Relieved as Counsel (the “Motion”), seeking to withdraw as counsel for Plaintiff.  The Motion is unopposed.

In connection with the Motion, McDanel declares that there is “a breakdown in the attorney-client relationship with Miriam Maldonado, which has hindered Counsel’s ability to provide effective legal representation.”  (Declaration in Support of Attorney’s Motion to be Relieved as Counsel.)

             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.)

The Court finds that the Motion sets forth an adequate basis for withdrawal. 

The Court, therefore, GRANTS the Motion. The Court will hold a conference with Plaintiff’s counsel on October 10, 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 10th day of October 2024