Judge: Kerry Bensinger, Case: 21STCV28580, Date: 2023-05-10 Tentative Ruling

Case Number: 21STCV28580    Hearing Date: August 14, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     August 14, 2023                                 TRIAL DATE:  January 19, 2024

CASE:                                Ronnie Palache v. City of Los Angeles

CASE NO.:                 21STCV28580

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Anthony M. Amoscato, Law Offices of Anthony M. Amoscato, APC

RESPONDING PARTY:     No opposition

I.          INTRODUCTION

On May 31, 2023, Anthony M. Amoscato, counsel for Plaintiff Ronnie Palache, filed this Motion to be Relieved as Counsel.

The motion was heard on July 10, 2023.  The Court found that the motion did not include all scheduled hearings in the matter and continued the matter to allow Counsel to file and serve an amended motion.

On July 17, 2023, Counsel filed an amended motion.

II.        LEGAL STANDARD

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

            Anthony M. Amoscato seeks to be relieved as counsel of record for Plaintiff for the following reason: “Plaintiff has not cooperated with counsel in responding to discovery. She has failed to respond to written interrogatories even after the defendants have obtained a court order compelling same. I contact plaintiff by phone and advised her that it was necessary for her to comply with and respond to discovery and have written to her following the granting of defendant's motion to compel responses and she continues to fail to comply. It is impossible for me to represent her when she does not comply with discovery orders.”  (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.  The motion complies with the requirements of California Rules of Court, rule 3.1362.  Accordingly, the motion is GRANTED.

IV.       CONCLUSION¿         

            The motion to be relieved as counsel is granted and effective upon the filing of proof of service of this signed order on Plaintiff.  

Moving party to give notice. 

Dated:   August 14, 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.