Judge: Kerry Bensinger, Case: 19STCV00722, Date: 2023-03-23 Tentative Ruling


Case Number: 19STCV00722    Hearing Date: March 23, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

VALENTINA DINEVA,

                   Plaintiff,

          vs.

 

MICHAELA KRITZINGER, et al.,

 

                   Defendants.

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     CASE NO.: 19STCV00722

 

[TENTATIVE] ORDER RE:

MOTION TO BE RELIEVED AS COUNSEL

 

Dept. 27

1:30 p.m.

March 23, 2023

 

FSC:  August 25, 2023

Trial: September 8, 2023

 

On January 8, 2023, plaintiff Valentina Dineva (“Plaintiff”) filed this action against defendants Michaela Kritzinger and Claudia Kritzinger (“Defendants”) for injuries arising out of a motor vehicle collision occurring February 16, 2017.

Plaintiff is represented by Vanessa Franco (“Counsel”) of Carpenter & Zuckerman.  On January 31, 2023, Counsel filed this Motion to be Relieved as Counsel for Plaintiff.  Counsel declares as follows: “Carpenter & Zuckerman and Plaintiff, Valentina Dineva, have come to a point of irreconcilable differences with regards to the further handling of this case.”  (Form MC-052.)  For this reason, Counsel seeks an order relieving Carpenter & Zuckerman as counsel to Plaintiff.

Absent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted.¿ (People v. Prince (1968) 268 Cal.App.2d 398, 406.)¿¿¿ 

Counsel’s Motion complies with California Rules of Court, Rule 3.1362.[1] Further, the Court finds that no prejudice will result from granting this motion as no opposition has been filed and there is sufficient time for Plaintiff to seek new counsel and/or prepare for trial.

Accordingly, the unopposed Motion is GRANTED and effective upon filing a proof of service showing service of this Order on Plaintiff and all parties who have appeared.   

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 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 23rd day of March 2023

 

 

 

 

Hon. Kerry Bensinger

Judge of the Superior Court

 

 


[1] There are two procedural problems with the motion: (1) Forms MC-051 and MC-053 identify "Stanley Mosk Courthouse" in the caption as the place of the hearing, whereas Form MC-052 identifies "Spring Street Courthouse" in the caption and (2) Form MC-051 does not state Plaintiff's address; however, the proof of service indicates the motion was served by mail at Plaintiff's address.  If Plaintiff appears at the hearing, the Court will proceed with the motion.  If Plaintiff does not appear, the Court will continue the hearing and require counsel to correct the deficiencies.