Judge: Kerry Bensinger, Case: 21STCV10310, Date: 2023-04-26 Tentative Ruling

Case Number: 21STCV10310    Hearing Date: August 28, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     August 8, 2023                                   TRIAL DATE:  March 15, 2024

CASE:                                Alexander Cedillo v. Trevor Simons, et al.

CASE NO.:                 21STCV10310

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Robin E. Paley, Law Offices of Robin E. Paley, A PLC; Jeffrey L. Geren, Law Offices of Jeffrey L. Geren

RESPONDING PARTY:     No opposition

I.          INTRODUCTION

On June 9, 2023, Robin E. Paley, counsel for Plaintiff Alexander Cedillo, filed this Motion to be Relieved as Counsel.

On June 26, 2023, Jeffery L. Geren, counsel for Plaintiff Alexander Cedillo, filed this Motion to be Relieved as Counsel.

The motions were heard on August 8, 2023.  The Court could not grant the motions because Counsel did not file a proof of service showing these motions were served on all parties in this action.

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 

Robin E. Paley and Jeffrey L. Geren seek to be relieved as counsel of record for Plaintiff for the following reason: “Counsel and Plaintiff disagree as to how to proceed and how to manage and litigate the case. In addition, there is a breakdown in communication as Counsel has been unable to speak with Plaintiff.”  (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 defect noted in the Court’s previous order.  Counsel has submitted a proof of service showing Defendant has been served with this motion. The Court finds that the Motions now comply with California Rules of Court, rule 3.1362.  Accordingly, the Motions are GRANTED.

IV.       CONCLUSION        

            The Motions are granted and effective upon the filing of the proof of service of this signed order upon Plaintiff.   

Moving party to give notice. 

Dated:   August 28, 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.