Judge: Kerry Bensinger, Case: 21STCV43651, Date: 2023-03-29 Tentative Ruling

Case Number: 21STCV43651    Hearing Date: March 29, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On November 30, 2021, plaintiff Walter Melton (“Plaintiff”) filed this action against defendant Cynthia Sanchez for injuries arising out of a motor vehicle collision occurring March 5, 2021.

Plaintiff is represented by Raphael D. Javid of The Javid Trial Firm, PC (“Counsel”).  On February 15, 2023, Counsel filed this Motion to be Relieved as Counsel for Plaintiff.  Counsel declares “There are irreconcilable differences which have resulted in a significant breakdown in the attorney-client relationship, the details of which are subject to the attorney-client privilege.  A voluntary Substitution of Attorney form could not be obtained from client.  To date, Petitioner and Claimant’s counsel is unaware of any new counsel secured or whether such counsel is in the process of being secured by Plaintiff.”  (Form MC-052.)  For this reason, Counsel seeks an order relieving The Javid Trial Firm, PC, as counsel to Plaintiff.

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 complies with California Rules of Court, Rule 3.1362.  Although trial is two months away, the Motion is unopposed. 

Accordingly, the Motion is GRANTED and effective upon filing a proof of service showing service of this Order on Plaintiff and all parties who have appeared.¿ 

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