Judge: Lee S. Arian, Case: 19STCV35095, Date: 2024-02-05 Tentative Ruling

Case Number: 19STCV35095    Hearing Date: February 5, 2024    Dept: 27

Quezon v. Forever 21, Inc.

CASE NUMBER: 19STCV35095

Motion – Motion to Be Relieved as Counsel

TENTATIVE

            Defendant’s Counsel’s Motion to Be Relieved as Counsel is DENIED without prejudice.

Background

            This case stems from a slip and fall when Annmarie Quezon (Plaintiff) visited a Forever 21 Inc. (Defendant) retail location in April of 2018. Plaintiff filed a Complaint alleging two causes of action against Defendant. Now, counsel for Defendant files a Motion to Be Relieved As Counsel (Motion).       

Discussion

Legal Standard

            An application to be relieved as counsel must be made on Judicial Counsel Form MC-051 (Notice of Motion and Motion) (Cal. Rules of Court, rule 3.1362(a)), MC-052 (Declaration) (Cal. Rules of Court, rule 3.1362(c)), and MC-053 (Proposed Order) (Cal. Rules of Court, rule 3.1362(e)). The proposed order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. (Cal. Rules of Court, rule 3.1362(e).) 

            Further, the requisite forms must be served on the client and all other parties who have appeared in the case. (Cal. Rules of Court, rule 3.1362(d).) The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court. (Cal. Rules of Court, rule 3.1362(e).) A motion to withdraw will not be granted where withdrawal would prejudice the client or disrupt the orderly process of justice. (Ramirez v. Sturdevant (1994), 21 Cal.App.4th 904, 915.)

Analysis

            Here, Defense counsel has filed both Judicial Counsel Forms MC-051 and MC-052.   The MC-052 form only lists the next hearing, which is the hearing for this Motion scheduled for February 5, 2024. It fails to list all current hearings. Further, in light of the bankruptcy of the defendant, the withdrawal of counsel will potentially disrupt the administration of justice at this time. In this regard, before the Court allows counsel to withdraw, defense counsel is ordered to meet and confer with Plaintiff’s counsel within the next two weeks to discuss and determine how this case will proceed, if at all, as a result of the bankruptcy. Counsel are ordered to file a joint statement regarding the outcome of that meet and confer by February 23, 2024.

Conclusion

            Accordingly, Defense Counsel’s Motion to Be Relieved as Counsel is DENIED without prejudice.

Moving party is ordered to give notice.