Judge: John J. Kralik, Case: 22BBCV01164, Date: 2023-08-18 Tentative Ruling

Case Number: 22BBCV01164    Hearing Date: January 26, 2024    Dept: NCB

 

Superior Court of California

County of Los Angeles

North Central District

Department B

 

 

robert clark,

                        Plaintiff,

            v.

 

katie sihua bernabe,

                        Defendant.

 

Case No.:  22BBCV01164

 

  Hearing Date:  January 26, 2024

 

[TENTATIVE] order RE:

motion to be relieved as counsel

 

Plaintiff’s counsel, William E. Jemmott (“Counsel”), moves to be relieved as counsel for Plaintiff Robert Clark (“Plaintiff”). 

Counsel filed this instant motion to be relieved as counsel on December 7, 2023.  Counsel has filed the requisite MC-051 form pursuant to CRC Rule 3.1362, but has not filed the MC-052 declaration and MC-053 proposed order forms.

According to the declaration of Counsel, Counsel seeks to be relieved as counsel because Plaintiff and Counsel have a difference in opinion concerning this matter that has resulted in a conflict such that Counsel can no longer represented Plaintiff.  Counsel states that trial is on May 13, 2024 and both Plaintiff and Defendant have been deposed, the parties have a discovery dispute that has resolved pending receipt of medical records.  (MC-031 Form.)  For these reasons, Counsel seeks to withdraw from representing Plaintiff in this action. 

Counsel served Plaintiff and defense counsel by email and mail.  However, the Court cannot ascertain whether Plaintiff’s email was verified within the past 30 days of filing this motion.  (See e.g., MC-052 Form.) 

As for future hearing dates, the Informal Discovery Conference is set for February 14, 2024, the Final Status Conference is set for May 2, 2024 and the Non-Jury Trial is set for May 13, 2024.  Trial is approaching for this personal injury (motor vehicle accident) case.  As such, Plaintiff should make efforts to retain counsel.  If new counsel diligently and promptly undertakes representation, the court will consider one reasonable continuance.

The motion to be relieved as counsel is continued to February 2, 2024 at 8:30 a.m.  By the end of the business day on January 29, 2024, Counsel is ordered to file with the Court and serve on the parties the MC-052 and MC-053 forms to accompany the motion to be relieved as counsel. 

Notice to be provided by Counsel.

 

 

DATED: January 26, 2024                                                     ___________________________

                                                                                          John J. Kralik

                                                                                          Judge of the Superior Court