Judge: Kerry Bensinger, Case: 21STCV36254, Date: 2023-02-23 Tentative Ruling

Case Number: 21STCV36254    Hearing Date: February 23, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            DISCUSSION

Jasminder Gill (“Counsel”), attorney of record for Plaintiff Steve Allen Venard, seeks to be relieved as counsel on the grounds that Counsel “is no longer able to reasonably communicate with client and effectively carry out the representation.  This breakdown and other irreconcilable differences between in the attorney client relationship are good cause for attorney to be relieved as counsel.”  (Amended MC-052, Gill Decl.)

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 does not comply with California Rules of Court, Rule 3.1362.  Counsel filed a proof of service showing that Plaintiff was served with the motion to be relieved as counsel and the declaration by mail at the address 940 Meadow View Drive Road, Garderville, NV 89460.  The proof of service does not indicate that the notice of motion (Form MC-051) was served on Plaintiff, or that Defendant Mallorie Renee Griffith was served with the instant motion and supporting papers.  Further, Form MC-051 states that Plaintiff’s address is 360 W. 1st Street, Apt. 388, Tustin, CA 92760.  Given the foregoing, the Court cannot determine if Plaintiff was properly served with notice of the motion.   

II.          CONCLUSION

Accordingly, Counsel’s motion to be relieved is CONTINUED to _____________ at 1:30 p.m. in Department 27.  Counsel is directed to file 9 court days before the hearing proof of service and papers correcting the deficiencies described above.   

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 23rd day of February 2023