Judge: Kerry Bensinger, Case: 21STCV25815, Date: 2023-07-11 Tentative Ruling

Case Number: 21STCV25815    Hearing Date: July 11, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     July 11, 2023                          TRIAL DATE:  September 6, 2023

CASE:                                Gilbert Tena v. Valeria Nwaka Orewa

CASE NO.:                 21STCV25815

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Ariella E. Perry, Wilshire Law Firm

RESPONDING PARTY:     No opposition

I.          INTRODUCTION

On April 27, 2023, Ariella E. Perry, counsel for Plaintiff Gilbert Tena, filed this Motion to be Relieved as Counsel.  The Motion was heard on June 13, 2023.  The Court could not grant the Motion because it incorrectly indicated that the hearing was to take place in Department 27 of the Stanley Mosk Courthouse at 111 N. Hill Street.

On June 14, 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 

Ariella E. Perry seeks to be relieved as counsel of record for Plaintiff for the following reason: “The communication between client (Gilbert Tena) and counsel has broken down to the point where counsel can no longer effectively represent the client (Gilbert Tena).”  (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 deficiency noted in the Court’s previous order.  The Court finds that the Motion complies with the requirements of California Rules of Court, rule 3.1362.  Accordingly, the unopposed motion is GRANTED.

IV.       CONCLUSION        

The motion is granted and effective upon filing a proof of service showing service of this Order on Plaintiff.¿¿

Moving party to give notice. 

Dated:   July 11, 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.