Judge: Kerry Bensinger, Case: 18STCV00734, Date: 2023-05-04 Tentative Ruling

Case Number: 18STCV00734    Hearing Date: May 4, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.         BACKGROUND

          On October 9, 2018, Plaintiffs Adi Ake Lopez, Mirna Elizabeth Chi Ake, Fernando De Jesus Chi Ake, Lucila Ake Iuit, and Santos Pablo Chi Chan filed this action for wrongful death, survival action, and declaratory relief relating to a December 6, 2017 collision and the subsequent death of Justino Chi Iuit (“Decedent”) on December 18, 2017.

          On March 14, 2022, Plaintiffs filed a Conditional Notice of Settlement. On April 18, the OSC re: Dismissal was continued to September 27, 2023, the date of the Non-Jury Trial.  The Final Status Conference is September 13, 2023.

On April 18, 2023, André Sherman of Sherman & Sherman, APC filed a Motion to Be Relieved as Counsel (hereinafter, “Motion”), moving to be relieved as counsel for Plaintiffs Adi Ake Lopez, Mirna Elizabeth Chi Ake, and Santos Pabio Chi Ake. No opposition was filed.

II.      LEGAL STANDARD

          “The question of granting or denying an application of an attorney to withdraw as counsel (Code Civ. Proc., § 284, subd. (2)) is one which lies within the sound discretion of the trial court ‘having in mind whether such withdrawal might work an injustice in the handling of the case.’  [Citation.]”  (People v. Prince (1968) 268 Cal.App.2d 398, 406 [internal quotations omitted].)  The court should also consider whether the attorney’s “withdrawal can be accomplished without undue prejudice to the client’s interests.”  (Ramirez v. Sturdivant (1994) 21 Cal.App.4th 904, 915.)

          California Rules of Court, rule 3.1362 requires that the following be submitted in support of an attorney’s Motion to Be Relieved as Counsel pursuant Code of Civil Procedure section 284, subdivision (2): (1) a notice of motion and motion directed to the client (made on Notice of Motion and Motion to Be Relieved as Counsel—Civil (Judicial Council Form, MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284, subdivision (2) is brought instead of filing a consent under Code of Civil Procedure section 284, subdivision (1) (made on Declaration in Support of Attorney’s Motion to Be Relieved as Counsel—Civil (Judicial Council Form, MC-052)); (3) a proof of service evidencing service of the notice of motion and motion, declaration, and proposed order on the client and on all other parties who have appeared in the case; and (4) a proposed order relieving counsel (prepared on Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil (Judicial Council Form, MC-053)).  (Cal. Rules of Court, rule 3.1362, subd. (a), (c), (d), (e).)

III.     DISCUSSION

          André Sherman of Sherman & Sherman, APC (“Counsel”) has filed a Motion To Be Relieved as Counsel, for Plaintiffs Adi Ake Lopez, Mirna Elizabeth Chi Ake, and Santos Pabio Chi Ake (“Plaintiffs”).  

          Counsel properly submitted a motion and notice of motion (Form-051), a declaration in support of the motion (Form-052), and a Proposed Order (Form-053) as required by California Rules of Court, rule 3.1362. Counsel also provides proof of service of each form.

          Counsel states Plaintiffs have made it unreasonably difficult for their attorney to carry out representation effectively. (Declaration, Section 2.) Counsel claims the specific facts giving rise to this Motion are confidential and are required to be kept confidential by Business and Professions Code § 6068(e), rule 3-100(A), the California Rules of Professional Conduct, and by attorney-client privilege. (Id.)

          Non-Jury Trial is scheduled for September 27, 2023, four months months away.  Therefore, no prejudice will result from granting this motion.

          Based on the foregoing, Counsel’s Motion To Be Relieved as Counsel is GRANTED.

IV.     CONCLUSION

          André Sherman’s Motion To Be Relieved as Counsel is therefore GRANTED.

Moving party to give notice. 

          Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court’s website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

Dated this 4th day of May 2023