Superior Court of California 

County of Los Angeles 

Department 78 

 

KASSIDY RAMIREZ,

Plaintiff;  

vs. 

INFINITE LOOKS, INC.,

Defendant. Case No.: 23STCV20458

MOTION TO BE RELIEVED AS COUNSEL

The motion to be relieved filed by Defendant’s counsel is GRANTED.

The proposed MC-053 received on 3/21/2024 will be signed.

Defendant’s counsel is ordered to serve the signed MC-053 on all parties, including the Defendant, and must file proof of service within two court days after the date of this order.

FACTUAL BACKGROUND

This is an action for violations of the Labor Code. Plaintiff alleges she was employed as a model for Defendant in September 2022 and Defendant failed to pay her agreed upon wages.   

PROCEDURAL HISTORY

On August 25, 2023, Plaintiff Kassidy Ramirez filed her Complaint against Defendant Infinite Looks, Inc., dba Sunday II Sunday.

On March 21, 2024, William B. DeClercq, Counsel for Defendant, filed this motion to be relieved as counsel.

DISCUSSION

“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).)

Counsel filed a Notice of Motion and Motion to Be Relieved as Counsel (MC-051), and a Declaration in Support of Attorney’s Motion to Be Relieved as Counsel (MC-052) on the 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).) 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 served Defendant by mail at its last known address and confirmed the address was current via conversation within 30 days before the filing of this motion. (MC-052 Item #3b.) 

Defendant will not be prejudiced if Counsel’s motion is granted. The next hearing in this matter is the Final Status Conference set for February 19, 2025. Trial is set for March 3, 2025. There is sufficient time for Defendant to secure new counsel. 

DATED: June 20, 2024 

________________________

Hon. Jill Feeney 

Judge of the Superior Court