Judge: Kevin C. Brazile, Case: 23STCV13907, Date: 2023-10-20 Tentative Ruling

Case Number: 23STCV13907    Hearing Date: October 20, 2023    Dept: 20

Tentative Ruling

Judge Kevin C. Brazile

Hearing Date:                         Friday, October 20, 2023

Case Name:                            Ana Deisi Huezo, et al. v. Berendos LP and Does 1-50

Case No.:                                23STCV13907                       

Motion:                                  Motion to Be Relieved as Counsel

Moving Party:                         DAG Law Firm, APC (“Movant”)

Responding Party:                  *UNOPPOSED*

Notice:                                    OK

Ruling:                                    The Motion to Be Relieved as Counsel is GRANTED.

Movant 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.

DISCUSSION

Movant seeks to be relieved as counsel for Plaintiffs Ana Deisi Huezo and Carmen Miranda Garcia (“Plaintiffs”). 

As to both Plaintiffs, Movant states that “there has been an irreparable breakdown of the working relationship between counsel and the client, including the client’s lack of cooperation and breach of the retainer agreement. This conflict has recently arisen making it unreasonably difficult to continue representing the client” (Form MC-052, ¶2.) Movant further attests that Plaintiffs would suffer little prejudice if an order were issued permitting withdrawal in this case. 

Under California Rules of Professional Conduct, 1.16(b)(4), “a lawyer may withdraw from representing a client if: . . . the client . . . renders it unreasonably difficult for the lawyer to carry out the representation effectively[.]” 

In addition, Movant has complied with the mandatory requirements of California Rules of Court, rule 3.1362. They submitted the required notices on Form MC-051, declarations on Form MC-052, and proposed orders on Form MC-053, and have shown service “on the client and on all other persons who have appeared in the case.”  

For these reasons, the Motion to Be Relieved as Counsel is GRANTED.

CONCLUSION 

The Motion to Be Relieved as Counsel is GRANTED. 

Movant to give notice. 

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