Department 30, Spring Street Courthouse

January 4, 2023

19STCV44944

Motion to Be Relieved as Counsel filed by Patrick Khalil, Counsel for Plaintiff Joaquin Rodriguez Carmona

The motion is denied.

On January 27, 2022, Plaintiff was defaulted on the cross-complaint filed by Laszlo Enterprises, Inc. despite the fact that Plaintiff was represented by Counsel at the time.

“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.)

Under the circumstances here, the Court finds that Plaintiff would be unduly prejudiced by the withdrawal of Counsel at this time and that such a withdrawal would therefore result in an injustice.  

Moving party to provide notice.