Judge: Kerry Bensinger, Case: 24STCV01751, Date: 2025-01-14 Tentative Ruling

Case Number: 24STCV01751    Hearing Date: January 14, 2025    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:      January 14, 2025                                         TRIAL DATE:  March 9, 2026

CASE:                         Kezia Latnie v. African Hair Braiding By Fama

CASE NO.:                 24STCV01751

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Emerson J. Tabone, Law Offices of Tabone, APC

RESPONDING PARTY:     No opposition

I.          INTRODUCTION

On November 15, 2024, Emerson J. Tabone, counsel for Defendant, Fama Deme dba African Hair Braiding by Fama, filed this Motion to be Relieved as Counsel.  

The motion is unopposed.

II.        LEGAL STANDARD 

California Rules 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 

Emerson J. Tabone seeks to be relieved as counsel of record for Defendant for the following reason: “Client is not communicating and cooperating with counsel to get the discovery completed.  Counsel has made several attempts to get the client to respond but is no being ignored.  Counsel is unable to properly and effectibly (sic) represent a client who does not cooperate or respond.”  (Form 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 the Motion complies with California Rules of Court, rule 3.1362. 

IV.       CONCLUSION        

            The unopposed Motion is granted and effective upon the filing of the proof of service of this signed order upon Plaintiff. 

            Counsel to give notice.

Dated:   January 14, 2025