Judge: Jill Feeney, Case: 19STCV32640, Date: 2022-12-29 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: December 29, 2022 Dept: 30
Department 30, Spring Street Courthouse
December 29, 2022
19STCV32640
Motion to Be Relieved as Counsel for Plaintiff Samba Dioum filed by Walter J. Wabby
DECISION
The motion is granted.
At Item 7a of the MSC-053 the Court will add in that the FSC is at 10:00 a.m. at Department 30, 312 North Spring Street Los Angeles, CA 90012.
At Item 9b of the MC-053 the Court will add in that the trial is at 8:30 a.m. at Department 30, 312 North Spring Street Los Angeles, CA 90012.
Counsel to serve on Plaintiff and all other parties the signed MC-053 and to file proof of service of the signed MC-053 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. Counsel Walter J. Wabby also filed his motion to be relieved as Counsel.
On November 9, 2022, the Court continued the hearing on this matter to allow Counsel to correct deficiencies with the petition.
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. The Court last continued the hearing on this matter to allow Counsel to cure deficiencies with his petition.
1. The judicial officer’s name was blank on Counsel’s forms.
The judicial officer’s name is still blank on Counsel’s forms. However, this error does not need be corrected as the Judicial Officer is not an item on the MC-053.
2. Plaintiff’s phone number was missing from form MC-053.
Counsel filled in Plaintiff’s phone number.
