Judge: Kevin C. Brazile, Case: 21STCV25046, Date: 2023-01-06 Tentative Ruling

Hearing Date: January 6, 2023

Case Name: Fellows v. Cetner, et al.

Case No.: 20STCV34437

Matter: Motion to be Relieved as Counsel

Moving Party: Tracy Neal-Lopez, counsel for Defendant Sydney Cetner

Responding Party: Defendant Sydney Cetner

Notice: OK

Ruling: The Motion is granted.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

This is a wage and hour suit.

Tracy Neal-Lopez seeks to be relieved as counsel for Defendant Sydney Cetner.

Cetner opposes the Motion, contending that (a) her counsel failed to warn her that this Motion would be pursued; (b) there isn't good cause to withdraw because Neal-Lopez’s impetus is a mere $600 unpaid bill and a desire to avoid communicating with Defendant through her sister; and (c) it will be difficult to replace counsel at the “eleventh hour”, especially given Defendant’s medical conditions.

“The determination whether to grant or deny an attorney's motion to withdraw as counsel of record 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. (People v. Prince (1968) 268 Cal.App.2d 398, 406, 74 Cal.Rptr. 197.) ‘It is generally recognized that the failure or refusal of a client to pay or secure the proper fees or expenses of the attorney after being reasonably requested to do so will furnish grounds for the attorney to withdraw from the case.’ ”  (Lempert v. Superior Ct. (2003) 112 Cal.App.4th 1161, 1173.)

The Motion meets all requirements of Cal. Rules of Court, Rule 3.1362.  Further, given that the trial date in this action is May 1, 2023, and there seem to be irreconcilable differences between Defendant and her counsel, the Court will grant the Motion.

Moving party to give notice.

Attorney is relieved as counsel of record for client effective upon the filing of the proof of service for the Court order (form MC-053) upon the client.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.