Judge: Kerry Bensinger, Case: 21STCV22981, Date: 2023-03-29 Tentative Ruling

Case Number: 21STCV22981    Hearing Date: March 29, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On June 21, 2021, Plaintiff Josiah Winans filed this action against Defendants Maurice J. Williams (“Williams”), Hao Huang (“Huang”), and Lyft, Inc. (“Lyft”) for injuries arising from a motor vehicle accident, while Plaintiff was a passenger in a vehicle operated by Huang.  Williams filed an answer on August 15, 2022.  Huang and Lyft have not appeared in this action.

Plaintiff is represented by Lisa Saperstein of Citywide Law Group (“Counsel”).  On February 17, 2023, Counsel filed this Motion to be Relieved as Counsel for Plaintiff.  Counsel declares that “[c]lient did not voluntarily consent to counsel’s request to be relieved.”  The Motion is also supported by the declaration of Paralegal Keshia Ajani (“Ajani”).  Ajani declares “Plaintiff has not been in contact with our office since June 2021” and details the extensive efforts made to contact Plaintiff, to no avail.  For this reason, Counsel seeks an order relieving Citywide Law Group 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.  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 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 29th day of March 2023