Judge: Kerry Bensinger, Case: 21STCV40600, Date: 2023-08-04 Tentative Ruling
Case Number: 21STCV40600 Hearing Date: August 4, 2023 Dept: 27
Tentative Ruling
Judge Kerry Bensinger, Department 27
HEARING DATE: August
4, 2023 TRIAL
DATE: December 1, 2023
CASE: Fidel Bautista v. Los Angeles County Metropolitan
Transportation Authority, et al.
CASE NO.: 21STCV40600
MOTION
TO BE RELIEVED AS COUNSEL
MOVING PARTY: Timothy
L. Dominguez, Tim Dominguez Injury Law
RESPONDING PARTY: No opposition
I. INTRODUCTION
On June 16, 2023, Timothy L. Dominguez, counsel for Plaintiff
Fidel Bautista, filed this Motion to be Relieved as Counsel. The Motion was heard on July 6, 2023. The Court could not grant the motion because
Counsel did not include all future hearings in this matter and did not submit a
completed proposed order. The hearing
was continued to allow Counsel to correct those deficiencies.
On July 21, 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¿
Timothy L. Dominguez seeks to be relieved as counsel of
record for Plaintiff for the following reasons: “Irreconcilable differences;
breakdown in the attorney-client relationship; additional supporting reasoning
would violate attorney-client confidentiality.”
(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.).¿¿
Upon review, the Court finds that Counsel has cured the
defects noted in the Court’s previous order.
The Motion complies with 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 the proof of service of this signed order upon
Plaintiff.
Counsel to give notice.
Dated: August 4, 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.