Judge: John J. Kralik, Case: EC069344, Date: 2022-12-09 Tentative Ruling
Case Number: EC069344 Hearing Date: December 9, 2022 Dept: NCB
North Central District
MICHAEL LAWRENCE KLINE, Plaintiff, v.
MICHAEL DIBACCO, Defendant. |
Case No.: EC069344
Hearing Date: December 9, 2022 [TENTATIVE] ORDER RE: MOTION TO BE RELIEVED AS COUNSEL |
Defense counsel, Laleh Ensafi (“Counsel”), moves to be relieved as counsel for Defendant Michael Di Bacco (“Defendant”).
Counsel filed this instant motion to be relieved as counsel on October 20, 2022. Counsel has filed the Notice of Motion and Motion to be Relieved as Counsel Form MC-051 and attached a declaration of counsel. However, Counsel did not file the Declaration in Support of Attorney’s Motion to be Relieved as Counsel Form MC-052 or a Proposed Order Form MC-053.
According to the declaration of Counsel, Counsel states that through the course of her representation of Defendant, she has filed necessary documents and has continued to represent Defendant in connection with the preliminary injunction and prepared for trial. (Counsel Decl., ¶3.) Counsel seeks to be relieved as counsel because she and her co-counsel Stephen L. Burton cannot effectively prepare Defendant for trial. (Id., ¶4.)
According to the proof of service, the motion papers were served on Plaintiff’s counsel by e-mail and on Defendant via mail on October 20, 2022. However, there is no showing whether Defendant’s address has been confirmed in the pats 30 days. Ordinarily, this would be a part of the checklist in Form MC-052 at section 3; however, as noted above, this form was not filed with the Court.
As for future hearing dates, the Final Status Conference is set for July 13, 2023 and the Jury Trial is set for June 24, 2023. Thus, there is sufficient time for Defendant to obtain substitute counsel.
While the Court is inclined to grant this motion on substantive grounds, Counsel has not filed all of the requisite forms that should accompany a motion to be relieved as counsel—namely Form MC-052 and Form MC-053. The Court will continue the hearing to December 16, 2022 at 8:30 a.m. so that Counsel can file the MC-052 form and confirm Defendant’s address. By the December 16, 2022 hearing date, Counsel should also electronically lodge the Proposed Order Form MC-053 for the Court’s signing.
Notice to be provided by Counsel.