Judge: Kerry Bensinger, Case: 22STCV28017, Date: 2023-03-30 Tentative Ruling

Case Number: 22STCV28017    Hearing Date: March 30, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION 

On February 24, 2023, Carlos A. Gomez of The Dominguez Firm, LLP (“Counsel”), counsel for Plaintiffs Alejandra Hernandez and David Barraza, Jr. (collectively, “Plaintiffs”), filed these Motions to be Relieved as Counsel (“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

In the Motions, Counsel declares that the Motions are “brough on the grounds that there has been a complete breakdown of the Attorney-Client Relationship.”  (Forms MC-052.)  For this reason, Counsel seeks an order relieving The Dominguez Firm, LLP as counsel to Plaintiff Chu.

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.)¿¿¿ 

After review of the Motion, the Court finds that the Motion complies with California Rules of Court, Rule 3.1362.  Further, the Court finds that no prejudice will result from granting this Motion as no opposition has been filed and a there is sufficient time for Plaintiffs to retain new counsel and/or prepare for trial.

IV.     CONCLUSION

Accordingly, the unopposed Motions are GRANTED and effective upon filing a proof of service showing service of this Order on Plaintiffs 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 30th day of March 2023