Judge: Kerry Bensinger, Case: 21STCV25488, Date: 2023-03-29 Tentative Ruling

Case Number: 21STCV25488    Hearing Date: March 29, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On July 12, 2021, plaintiffs Kiana Furlow and Daniell Alexander (“Plaintiffs”) filed this action against defendants Emilio Mendepaz and Emilio Mendez Paz for injuries arising out of a motor vehicle collision occurring July 11, 2019.

Plaintiffs are represented by Michael T. Martin of Law Offices of Michael T. Martin (“Counsel”).  On March 23, 2023, Counsel filed these Motions to be Relieved as Counsel for Plaintiffs.  Counsel declares as follows in support of each motion: “There has been limited communication and cooperation from the client[s] for almost a year and virtually no communication for the last several months.  Effectively, there has been a complete break-down in communication and cooperation by the client[s].  The entire attorney-client relationship has effectively broken down.”  (Forms MC-052.)  For this reason, Counsel seeks an order relieving Law Offices of Michael T. Martin as counsel to Plaintiffs.

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 Motions do not comply with California Rules of Court, Rule 3.1362.  Specifically, the Motions (Form MC-051), declarations (Form MC-052), and proposed orders (MC-053) do not bear the correct address where this hearing is scheduled; Items 3.c. and 6 on Forms MC-052 are not completed; and Items 2, 3, 5, 6, 7, and 9 on Forms MC-053 are not completed. 

Accordingly, the Motions are CONTINUED to May 11, 2023 at 1:30 p.m. in Department 27 of Spring Street Courthouse.  Counsel is to revised motions and supporting documents no later than five (5) court days prior to the hearing.

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