Judge: Lee S. Arian, Case: 21STCV08600, Date: 2025-03-04 Tentative Ruling


Case Number: 21STCV08600    Hearing Date: March 4, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

GUSTAVO A. CORDOBA,

                Plaintiff,

        vs.

 

S.W. SCHOOL SUPPLY, INC., et al.,

 

                Defendants.

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    CASE NO.: 21STCV08600

 

[TENATIVE RULING]

COURT WILL HEAR FROM PARTIES RE MOTION TO BE RELIEVED AS COUNSEL

 

Dept. 27 

1:30 p.m. 

MARCH 4, 2025

 

 

 

 

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Background

Attorney Aaron Brown represents Plaintiff. Brown moves to be relieved as counsel, citing an irremediable breakdown in the attorney-client relationship. No opposition has been filed.

Legal Standard

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; People v. Prince (1968) 268 Cal.App.2d 398, 403-407.)

A motion to be relieved as counsel must be made on Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).) The requisite forms must be served “on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, Rule 3.1362, subd. (d).)

Analysis and Conclusion

While Brown has complied with the technical requirements to be relieved, the timing of his motion is problematic.  Trial in this 2021 case is set for 3/24/25, which is only 20 days away and would be insufficient time for Plaintiff to retain new counsel and accordingly withdrawal at this time would likely be prejudicial or disrupt the orderly process of justice. The Court will hear from counsel regarding this issue.

 

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’s 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. 

 

__________________________ 

Hon. Lee S. Arian  

Judge of the Superior Court