Judge: Kerry Bensinger, Case: BC704473, Date: 2023-03-16 Tentative Ruling

Case Number: BC704473    Hearing Date: March 16, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On May 2, 2018, plaintiff Gene Edward Coleman (“Plaintiff”) filed this action against P.V. Holding Corp. and Does 1 to 25 arising from a March 5, 2017 motor vehicle accident.  On June 27, 2018, Plaintiff named Treasure Collins (“Defendant”) as Doe 1.  On October 28, 2019, default was entered against Defendant.  On February 20, 2020, P.V. Holding Corp. was dismissed from this action.       

Plaintiff is represented by Gabriella Gunther (“Counsel”).  Counsel seeks to be relieved as counsel of record for Plaintiff.  Counsel declares grounds exists for withdrawal because “Plaintiff has become unresponsive to this office’s many attempts to contact him” dating back to October 26, 2021 which have “created a breakdown in the attorney client relationship such that it has become unreasonably difficult for counsel to carry out the representation of the client.”  (Gunther Decl., 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.) 

Counsel’s Motion complies with California Rules of Court, Rule 3.1362.  The Court notes that trial in this matter is not currently set and the only upcoming hearing is an OSC re: Dismissal for Failure to Enter Default Judgment on April 13, 2023.  Further, no prejudice will result from granting this motion as no opposition has been filed.¿  

Accordingly, the motion is GRANTED and effective upon filing a proof of service showing service of this Order on Defendant 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 ¿16th¿ day of ¿March¿ 2023