Superior Court of California 

County of Los Angeles 

Department 78 

 

YESENIA EVERLYN FLORES DURAN,

Plaintiff,  

vs. 

LEGENDARY STAFFING, INC., et al.

Defendants. Case No.: 23STCV18532

MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANT LEGENDARY STAFFING, INC. 

The Court enters a stay as to Defendant Legendary Staffing, Inc. due to its bankruptcy filing. (4/9/24 Filing)

The remaining parties should be prepared to discuss the issue of whether the entire case should be stayed at this time.

This motion will be continued to allow moving counsel to file and serve a corrected form MC-053.  

Moving party to provide notice.

DISCUSSION

Abe G. Salen and Wesierski & Zurek, LLP (Counsel) move to be relieved as counsel for Defendant Legendary Staffing, Inc. (Legendary).

Counsel filed an MC-053, MC-052, and MC-051. The Court is satisfied that Counsel has a compelling reason to withdraw because of a breakdown of the attorney-client relationship. (MC-052, Item #2.) Counsel testifies that there have been irreconcilable differences between Legendary and Counsel which render continuing representation unreasonable and extremely difficult. (Id.) Counsel served Legendary via mail at its last known address which they confirmed was current by mail, return receipt requested. (MC-052, Item #3b.) 

The Court notes that Counsel incorrectly checked the “last known” box on form MC-053. Because Counsel confirmed the address was current, the “current” box should be checked. Additionally, the MC-053 reflects an outdated hearing date in Item 7a. Counsel also failed to provide Legendary’s phone number in Item 6. Counsel must all check box 5a, not 5b. Further, Counsel must provide the physical address of the Court for every listed hearing. 

Legendary will not be prejudiced if this motion is granted. The remaining hearings in this matter include a final status conference set for January 27, 2025. Trial is set for February 10, 2025. There is sufficient time for Legendary to secure other counsel.

DATED: July 3, 2024

________________________

Hon. Jill Feeney 

Judge of the Superior Court