Judge: Kerry Bensinger, Case: 22STCV20709, Date: 2023-10-02 Tentative Ruling

Case Number: 22STCV20709    Hearing Date: October 2, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:      October 2, 2023                                            TRIAL DATE:  June 24, 2024

CASE:                                Arturo Leal v. Total Terminals International, LLC, et al.

CASE NO.:                 22STCV20709

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Adam Mirza, BD&J, P.C.

RESPONDING PARTY:     No opposition

I.          INTRODUCTION

On August 10, 2023, Adam Mirza, counsel for Plaintiff, Arturo Leal, filed this Motion to be Relieved as Counsel.  

            The Motion is unopposed.

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 

Adam Mirza seeks to be relieved as counsel of record for Plaintiff for the following reason: “There has been a significant breakdown in the attorney-client relationship, which has significantly impeded counsel's ability to effectively prosecute this case and represent Plaintiff's interest.  A voluntary substitution of attorney form could not be obtained from Plaintiff. Plaintiff's counsel is unaware of any new counsel.”  (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.).  

The notice of motion is defective.  The notice incorrectly indicates that the hearing is to take place in Department 27 of the Central District at 111 North Hill Street.[1]  Counsel is directed to serve an amended Motion on all parties bearing the correct address and the current dates for all future hearings in this matter.  Counsel is to file the amended Motion no later than 5 court days before the hearing.

IV.       CONCLUSION        

            The Motion cannot be granted because of the defect noted in this order.  On the Court’s own motion, the Hearing on Motion to be Relieved as Counsel scheduled for 10/02/2023 is continued to 11/02/2023 at 01:30 PM in Department 27 at Spring Street Courthouse.

Moving party to give notice. 

Dated:   October 2, 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.