Judge: Kerry Bensinger, Case: 19STCV36594, Date: 2023-09-28 Tentative Ruling
Case Number: 19STCV36594 Hearing Date: October 6, 2023 Dept: 27
Tentative Ruling
Judge Kerry Bensinger, Department 27
HEARING DATE: October 5, 2023 TRIAL DATE: April
16, 2024
CASE: Nicole Koenigsberger v. Antonia Lofaso Catering
CASE NO.: 19STCV36594
MOTION
TO BE RELIEVED AS COUNSEL
MOVING PARTY: Erik C.
Alberts, EA Law Firm, Inc.
RESPONDING PARTY: No opposition
I. INTRODUCTION
On September 7, 2023, Erik C. Alberts, counsel for Plaintiff,
Nicole Koengisberger, filed this Motion to be Relieved as Counsel.
The Motion was heard on September 28, 2023. The Court could not grant the Motion due to
defects in the proposed order.
On October 2, 2023, Counsel filed an amended proposed order.
II. LEGAL STANDARDS
California Rule of Court rule 3.1362 (Motion to Be Relieved
as Counsel) requires (1) notice of motion and motion to be directed to the
client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil
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(2) is brought instead of
filing a consent under Code of Civil Procedure section 284(1) (made on the Declaration
in Support of Attorney's Motion to Be Relieved as Counsel—Civil form (MC-052));
(3) service of the notice of motion and motion and declaration on all other
parties who have appeared in the case; and (4) the proposed order relieving
counsel (prepared on the Order Granting Attorney's Motion to Be Relieved as
Counsel—Civil form (MC-053)).
The court has discretion to allow an attorney to withdraw,
and such a motion should be granted provided that there is no prejudice to the
client, and it does not disrupt the orderly process of justice. (See Ramirez v. Sturdevant (1994) 21
Cal.App.4th 904, 915.)
III. DISCUSSION
Erik C. Alberts seeks to be relieved as counsel of record
for Plaintiff for the following reason: “After a paid private Mediation with
Judicate West’s Hon. Judge Theirry Colaw (ret.) in this matter on August 3,
2023, the professional relationship between the plaintiff and myself
precipitously deteriorated. Indeed, irreconcilable differences arose, the
details of which the attorney-client privilege forbids me from stating in this
Declaration. On August 30, 2023, the plaintiff NICOLE KOENIGSBERGER terminated
me as her counsel in this matter in a writing, which is attached as Exhibit “A”.”
(MC-052.)
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 has cured the defects noted in the Court’s previous
order. The Motion now complies with
California Rules of Court, rule 3.1362.
Accordingly, the Motion is GRANTED.
IV. CONCLUSION
The
unopposed motion to be relieved as counsel is granted and effective upon the
filing of the proof of service of this signed order upon the client.
Counsel to
give notice.
Dated: October 5, 2023 ___________________________________
Kerry
Bensinger
Judge
of the Superior Court
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.