Judge: Jon R. Takasugi, Case: 21STCV47140, Date: 2023-10-16 Tentative Ruling

Case Number: 21STCV47140    Hearing Date: October 19, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Attorney Michael Kennedy’s motions to be relieved as counsel are GRANTED, effective upon filing proof of service of the court’s order (MC-053).

Legal Standard

Motions to withdraw are routinely granted if made in the proper form and presented with proper notice. The court may issue an order allowing an attorney to withdraw from representation, after notice to the client.  (Code Civ. Proc., § 284(2).) 

Discussion

Attorney Michael Kennedy brings motions for relief as counsel as to Defendants Matthew Wilkie and Cal Developers, Inc.  In his declaration, he explains that there has been “a material breakdown in communication and the ability to communicate with client for proper and effective representation of client. Client has made the ability to provide effective and proper representation impractical.” (See MC-052.)

The following documents are properly submitted: Civil Form MC-051 “Notice of Motion and Motion to be Relieved as Counsel,” Civil Form MC-052 “Declaration in Support of Attorney’s Motion to be Relieved as Counsel,” and Civil Form MC-053 “Order Granting Attorney’s Motion to be Relieved as Counsel.”

            The motions are GRANTED.

It is so ordered.

Dated:  October    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.