Judge: John J. Kralik, Case: 24BBCV00119, Date: 2025-05-02 Tentative Ruling
Case Number: 24BBCV00119 Hearing Date: May 2, 2025 Dept: NCB
North
Central District
|
cedric
lynn coleman, Plaintiff, v. obed eliazar
balderas hernandez, et al., Defendants. |
Case No.: 24BBCV00119 Hearing Date: May 2, 2025 [TENTATIVE]
order RE: motion to be relieved as counsel |
Plaintiff’s counsel, Jack Bazerkanian
(“Counsel”), moves to be relieved as counsel for Plaintiff Cedric Lynn Coleman
(“Plaintiff”).
Counsel filed this instant motion to be
relieved as counsel on April 3, 2025. 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 there has been a complete
breakdown in the attorney-client relationship, rendering representation
unreasonably difficult. Counsel states
that Plaintiff has breached the terms of the legal services agreement, making
it impossible for Counsel to continue representation. (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 telephone within the past 30
days of filing the motion. (MC-052,
§3.) However, no proof of service is
attached to the motion papers to show that service was made on Plaintiff and
the other parties in this action.
As for future hearing dates, the Case
Management Conference is set for June 26, 2025 2025. No trial date has been set. Thus, there is sufficient time for Plaintiff to
obtain substitute counsel.
The Court will inquire at the hearing
whether the parties were served with the motion papers. If a proof of service is filed prior to the
hearing showing that the motion papers were properly served, the Court is inclined
to grant the motion to be relieved as counsel and 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.
Notice to be provided by Counsel.
DATED: May 2, 2025 ___________________________
John
J. Kralik
Judge
of the Superior Court