Judge: Lee S. Arian, Case: 21STCV18857, Date: 2024-05-28 Tentative Ruling

Case Number: 21STCV18857    Hearing Date: May 28, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27

MOTION TO BE RELIEVED AS COUNSEL

Hearing Date: 5/28/2024 at 1:30 p.m.

CASE NO./NAME: 21STCV18857 JASON CASTILLO vs TRADEWINDS AIRPORT HOTEL, LLC

Moving Party: Plaintiff’s Counsel K. Kevin Levian

Responding Party: Unopposed

Notice: Sufficient

Ruling: MOTION TO BE RELIEVED AS COUNSEL IS DENIED

Background

Attorney K. Kevin Levian represents Plaintiff. Levian moves to be relieved as counsel, citing client’s conduct rendering it unreasonably difficult for the lawyer to carry out the representation effectively. 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

¿  

The Court notes that the next hearings, two OSC Re: Dismissal, are set for 6/5/24, which provides insufficient time for Plaintiff to retain new counsel. Consequently, allowing withdrawal at this time would be prejudicial and disrupt the orderly process of justice. Additionally, Counsel claims the moving papers were served on the Client at a confirmed address, verified through certified mail with return receipt requested. However, certified mail alone does not confirm the address unless accompanied by a signed return receipt, which has not been attached to the motion. Defendant has not demonstrated that the present motion has been properly served. Therefore, the motion to withdraw is DENIED.

PLEASE TAKE NOTICE:

If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept27@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.