Judge: Kerry Bensinger, Case: 20STCV45136, Date: 2023-08-10 Tentative Ruling
Case Number: 20STCV45136 Hearing Date: September 6, 2023 Dept: 27
Tentative Ruling
Judge Kerry Bensinger, Department 27
HEARING DATE: September 6, 2023 TRIAL DATE: December
5, 2023
CASE: Shelby Hesselbein v. Prima Healthcare
CASE NO.: 20STCV45136
MOTION
TO BE RELIEVED AS COUNSEL
MOVING PARTY: Martin
E. Jerisat, Law Offices of Martin Jerisat
RESPONDING PARTY: No opposition
I. INTRODUCTION
On June 7, 2023, Martin E. Jerisat, counsel for Plaintiff Shelby
Hesselbein, filed this Motion to be Relieved as Counsel.
The motion was heard on August 10, 2023. The Court could not grant the motion because Counsel
did not indicate whether he had confirmed within the last 30 days that
Plaintiff’s address was current. Nor
does Counsel alternatively indicate the efforts he undertook to confirm that Plaintiff’s
address was current or to locate a more current address.
On August 21, 2023, Counsel filed an amended motion.
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
Martin E. Jerisat seeks to be relieved as counsel of record
for Plaintiff for the following reason: “I cannot competently continue to
represent the client due to my trial calendar, and this type of case is beyond
my expertise.” (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.
IV. CONCLUSION
The
Motion is granted and effective upon the filing of the proof of service of this
signed order upon Plaintiff. The Court will hear from Counsel.
Counsel to give notice.
Dated: September 6,
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.