Judge: Lee S. Arian, Case: 21STCV44827, Date: 2025-01-29 Tentative Ruling

Case Number: 21STCV44827    Hearing Date: January 29, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Background 

Attorney Robert Kent represents Plaintiff. Kent 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¿ 

¿ 

Kent has filed Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). Moosai seeks to be relieved as counsel for Plaintiff on the grounds that there has been a breakdown in the attorney-client relationship. The Court finds this to be proper grounds for withdrawal. (See Estate of Falco (1987) 188 Cal.App.3d 1004, 1014 (a breakdown in the attorney-client relationship is grounds for allowing the attorney to withdraw).) 

The motion is denied for two reasons. First, the next hearing is an Order to Show Cause set for February 25, 2025, less than a month away. This timeframe is insufficient for Plaintiff to retain new counsel, and withdrawal at this stage would be prejudicial and disrupt the orderly administration of justice.

Second, counsel states that Plaintiff’s mailing address was confirmed within the past 30 days through internet verification but provides no details regarding the source, website, or verification process. Without this information, the Court cannot determine the reliability of the verification or whether Plaintiff actually received notice of this proceeding.

Accordingly, the motion is DENIED.

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.