Judge: John J. Kralik, Case: 23BBCV00791, Date: 2023-12-01 Tentative Ruling
Case Number: 23BBCV00791 Hearing Date: December 1, 2023 Dept: NCB
North
Central District
|
umar
calderon, et al., Plaintiffs, v. jackson
portwood deangelos, sr., et al., Defendants. |
Case No.: 23BBCV00791 Hearing Date: December 1, 2023 [TENTATIVE]
order RE: motion to be relieved as counsel |
Plaintiff’s counsel, Michael A. Waskul
(“Counsel”), moves to be relieved as counsel for Plaintiff Umar Calderon
(“Plaintiff”).
Counsel filed this instant motion to be
relieved as counsel on October 20, 2023. Counsel has filed the requisite forms pursuant
to CRC Rule 3.1362.
According to the declaration of Counsel,
Counsel seeks to be relieved as counsel because Defendant’s insurer tendered
its policy limits, but Plaintiff has refused to accept settlement of his
claims. Counsel states that he has
attempted to explain the case to Plaintiff, but this resulted in a complete
breakdown of the attorney-client relationship.
(MC-052, §2.) For these reasons,
Counsel seeks to withdraw from representing Plaintiff in this action.
Counsel properly served Plaintiff at his
last known mailing address, which was confirmed by conversation within the past
30 days of filing the motion.
As for future hearing dates, the Case
Management Conference is set for December 27, 2023. No trial date has been set. Thus, there is sufficient time for Plaintiff
to obtain substitute counsel.
Accordingly, the motion to be relieved as
counsel is granted. The order electronically
lodged by Counsel will be signed at the hearing. The order will become effective upon the
filing of a proof of service of a signed copy of the order on Plaintiff Umar
Calderon.
Notice to be provided by Counsel.