Judge: John J. Kralik, Case: 24NNCV00608, Date: 2025-01-17 Tentative Ruling
Case Number: 24NNCV00608 Hearing Date: January 17, 2025 Dept: NCB
North
Central District
|
derek andrew
henriquez, Plaintiff, v. Steven michael
vigil, et
al., Defendants. |
Case No.: 24NNCV00608 Hearing Date: January 17, 2025 [TENTATIVE]
order RE: motion to be relieved as counsel |
Counsel for Plaintiff, Omid Khorshidi
(“Counsel”), moves to be relieved as counsel for Plaintiff Derek Andrew
Henriquez (“Plaintiff”).
Counsel filed this instant motion to be
relieved as counsel on October 31, 2024. Counsel has filed the notice of motion
(MC-051), declaration (MC-052), and proposed order (MC-053) 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 breakdown in
the attorney-client relationship. Plaintiff has refused to communicate or
cooperate with Counsel’s firm, so Counsel has provided Plaintiff with
substitution of attorney forms on multiple occasions, but Plaintiff did not
respond. 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 private investigator within the
30 days prior to the filing of the motion. Defendants’ counsel was also served with the
motion via email.
As for future hearing dates, there is a
status conference regarding mediation/discovery issues on June 3, 2025. The Final Status Conference is set for January
20, 2026, and the Jury Trial is set for February 2, 2026. Thus, there is time for Plaintiff to obtain
substitute counsel.
Accordingly, the motion to be relieved as
counsel is granted. 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: January 17, 2025 ___________________________
John
J. Kralik
Judge
of the Superior Court