Judge: Jill Feeney, Case: 19STCV32640, Date: 2022-10-13 Tentative Ruling
PLEASE NOTE:
The parties are encouraged to meet and confer concerning this tentative ruling to determine if there is an agreement to submit.
Regardless of whether there is any such agreement, each party who wishes to submit must send an email to the Court at sscdept30@lacourt.org indicating the party's intention to submit.
Include the word "SUBMITS" in all caps and the case number in the subject line of the email and in the body provide the date and time of the hearing, your name, your contact information, the party you represent, whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, or non-party.
If a party submits but still intends to appear at the hearing, include the words "SUBMITS BUT WILL APPEAR" in the subject line of the email.
If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.
Unless all the parties have submitted, the Court will hear argument from any party that appears at the hearing and wishes to argue. The Court may change its tentative as a result of the argument and adopt the changed tentative as the final order at the end of that hearing, even if all the parties are not present.
Be advised that after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of said motion and may adopt the tentative ruling as the order of the Court.
Case Number: 19STCV32640 Hearing Date: October 13, 2022 Dept: 30
Department 30, Spring Street Courthouse
October 13, 2022
19STCV32640
Motion to Be Relieved as Counsel filed by Walter J. Wabby
DECISION
The motion is continued so that Counsel may correct the deficiencies set forth below.
The parties are ordered to appear at the hearing to set a continued date for the hearing.
Amended documents must be filed at least five court days in advance of the continued hearing date.
Moving party is ordered to provide notice, including to Plaintiff, and to file proof of service of such notice within five court days after the date of this order.
Background
This is an action for medical malpractice and negligence arising from a medical emergency which took place in September 2017. Plaintiff Samba Dioum filed her Complaint against the Los Angeles Fire Department and the City of Los Angeles on September 13, 2019.
On September 8, 2022, the Court granted counsel Nathan Amerberg motion to be relieved as counsel for Plaintiff Samba Dioum.
Summary
Moving Arguments
Counsel Walter J. Wabby seeks to be relieved as counsel for Plaintiff Samba Dioum. Although his office was named as associate counsel, he did not engage in Plaintiff’s case and has had no contact with Plaintiff.
Opposing Arguments
None.
Legal Standard
“The question of granting or denying an application of an attorney to withdraw as counsel (Code Civ. Proc., § 284, subd. (2)) is one which lies within the sound discretion of the trial court ‘having in mind whether such withdrawal might work an injustice in the handling of the case.’ [Citation.]” (People v. Prince (1968) 268 Cal.App.2d 398, 406 [internal quotations omitted].) The court should also consider whether the attorney’s “withdrawal can be accomplished without undue prejudice to the client’s interests.” (Ramirez v. Sturdivant (1994) 21 Cal.App.4th 904, 915.)
California Rules of Court, rule 3.1362 requires that the following be submitted in support of an attorney’s Motion to Be Relieved as Counsel pursuant Code of Civil Procedure section 284, subdivision (2): (1) a notice of motion and motion directed to the client (made on Notice of Motion and Motion to Be Relieved as Counsel—Civil (Judicial Council Form, MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284, subdivision (2) is brought instead of filing a consent under Code of Civil Procedure section 284, subdivision (1) (made on Declaration in Support of Attorney’s Motion to Be Relieved as Counsel—Civil (Judicial Council Form, MC-052)); (3) a proof of service evidencing service of the notice of motion and motion, declaration, and proposed order on the client and on all other parties who have appeared in the case; and (4) a proposed order relieving counsel (prepared on Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil (Judicial Council Form, MC-053)). (Cal. Rules of Court, rule 3.1362, subd. (a), (c), (d), (e).)
Discussion
Counsel seeks to be relieved as counsel for Plaintiff Samba Dioum.
Counsel filed a Notice of Motion and Motion to Be Relieved as Counsel (MC-051), Declaration in Support of Attorney’s Motion to Be Relieved as Counsel (MC-052), and Proposed Order Granting Attorney’s Motion to Be Relieved as Counsel (MC-053) on all appropriate forms, as outlined within California Rules of Court, rule 3.1362, subdivisions (a), (c), and (e). (Cal. Rules of Court, rule 3.1362, subd. (a), (c), (e).)
Counsel served Plaintiff by mail at her last known address. (MC-052, Item #3(a).) Counsel confirmed Plaintiff’s address by requesting a return receipt within 30 days before the filing of this motion. (MC-052, Item #3(b)(2).)
The next hearing in this matter is a final status conference set for May 23, 2023. (MC-052, Item #4.) Trial is set for June 6, 2023. (MC-052, Item #6.) There is sufficient time for Plaintiff to engage new counsel and/or request a continuance. The Court is satisfied that Counsel has a compelling reason to withdraw as counsel given that Counsel has never had contact with Plaintiff and his associate counsel, Nathan Amerberg, has already been relieved as counsel. (MC-052, Item #2.)
Counsel has not noted the remaining actions in this case. (MC-052 Item #5; MC-053 Items #7, 8.) The FSC should be noted in MC-052 Item #4 and 5 and in MC-053 Item #7, 8. Additionally, the judicial officer’s name is blank on Counsel’s forms. Plaintiff’s address and phone number is also missing from form MC-053.
