Judge: Kerry Bensinger, Case: 22STCV08364, Date: 2023-02-28 Tentative Ruling

Case Number: 22STCV08364    Hearing Date: February 28, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On March 8, 2022, Floriberta Hernandez (“Plaintiff”) commenced the present action by filing a Complaint against Bodega Latina Corp., et. al. (“Defendant”) and Does 1 through 50.  Plaintiff’s Complaint alleges a single cause of action for negligence.

          On February 27, 2023, Daniel Rafi, esq. of Rafii and Associates, filed the instant Motion to Be Relieved as Counsel. 

II.      LEGAL STANDARD

“The question of granting or denying an application of an attorney to withdraw as counsel (Code Civ. Proc., § 284, subd. (2)) is one which lies within the sound discretion of the trial court ‘having in mind whether such withdrawal might work an injustice in the handling of the case.’  [Citation.]”  (People v. Prince (1968) 268 Cal.App.2d 398, 406 [internal quotations omitted].)  The court should also consider whether the attorney’s “withdrawal can be accomplished without undue prejudice to the client’s interests.”  (Ramirez v. Sturdivant (1994) 21 Cal.App.4th 904, 915.) 

California Rules of Court, rule 3.1362 requires that the following be submitted in support of an attorney’s Motion to Be Relieved as Counsel pursuant Code of Civil Procedure section 284, subdivision (2): (1) a notice of motion and motion directed to the client (made on Notice of Motion and Motion to Be Relieved as Counsel—Civil (Judicial Council 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, subdivision (2) is brought instead of filing a consent under Code of Civil Procedure section 284, subdivision (1) (made on Declaration in Support of Attorney’s Motion to Be Relieved as Counsel—Civil (Judicial Council Form, MC-052)); (3) a proof of service evidencing service of the notice of motion and motion, declaration, and proposed order on the client and on all other parties who have appeared in the case; and (4) a proposed order relieving counsel (prepared on Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil (Judicial Council Form, MC-053)).  (Cal. Rules of Court, rule 3.1362, subd. (a), (c), (d), (e).) 

II.          DISCUSSION

Daniel J. Rafii, Esq. of Rafii and Associates (hereinafter, “Plaintiff’s Counsel”) moves to be relieved as counsel of record.

Following review of Plaintiffs’ Counsel’s Motion to be Relieved as Counsel (“Motion”), the Plaintiff’s Counsel has complied with the necessary requirements outlined within California Rules of Court, rule 3.1362, and Plaintiff’s Counsel has demonstrated Plaintiff will not suffer prejudice as a result of the requested withdrawal.  (Cal. Rules of Court, rule 3.1362.)

Plaintiff’s Counsel complied with all necessary requirements, as set forth within California Rules of Court, rule 3.1362.  (Cal. Rules of Court, rule 3.1362.)  Plaintiff’s Counsel filed a Notice of Motion and Motion to Be Relieved as Counsel (MC-051), Declaration in Support of Attorney’s Motion to Be Relieved as Counsel (MC-052), and Proposed Order Granting Attorney’s Motion to Be Relieved as Counsel (MC-053) on all appropriate forms, as required within California Rules of Court, rule 3.1362, subdivisions (a), (c), and (e). (Cal. Rules of Court, rule 3.1362, subd. (a), (c), (e).)  Plaintiffs’ Counsel properly served the Notice of Motion and Motion, Declaration, and Proposed Order upon Plaintiff, and filed a proof of service, in compliance with California Rules of Court, rule 3.1362, subdivision (d).  Accordingly, the Court finds that Plaintiffs’ Counsel has complied with all necessary procedural requirements, as set forth within California Rules of Court, rule 3.1362. (Cal. Rules of Court, rule 3.1362.) 

Additionally, following a review of Plaintiffs’ Counsels’ Motion and Declaration, the Court concludes Plaintiffs’ Counsels request to withdraw is warranted and will not cause undue prejudice to Plaintiffs.  Plaintiffs’ Counsel states that “there has been a breakdown in client attorney communication.”  (Decl. in Support of Motion for Attorneys’ Motion to Be Relieved as Counsel—Civil, ¶ 2.)  Trial in the present action is not set until September 5, 2023, and therefore, Plaintiff has ample time to obtain substitute counsel in this action.   

Based on the foregoing, the Court concludes Plaintiffs’ Counsel’s Motion may be granted as the Motion appropriately complies with the whole of the necessary requirements outlined within California Rules of Court, rule 3.1362, and Plaintiffs’ Counsel have demonstrated Plaintiffs will not suffer prejudice as a result of the requested withdrawal.  (Cal. Rules of Court, rule 3.1362.)

III.        CONCLUSION

Plaintiffs’ Counsels’ Motion to Be Relieved as Counsel is GRANTED.  Pursuant to California Rules of Court, rule 3.1362, subdivision (e), Plaintiffs’ Counsel will be relieved as counsel of record only upon the filing of a proof of service which evidences Plaintiffs were served with a signed copy of the Court’s Order Granting Attorney’s Motion to be Relieved as Counsel (MC-053).  (Cal. Rules of Court, rule 3.1362, subd. (e).) 

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 28th day of February 2023