Judge: Lee S. Arian, Case: 22STCV08491, Date: 2025-01-30 Tentative Ruling

Case Number: 22STCV08491    Hearing Date: January 30, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Background¿ 

Attorney Rebecca J. Birmingham represents Defendant Rose Cremation Services (“Defendant Rose”). Birmingham 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 

Birmingham has filed Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). Birmingham seeks to be relieved as counsel for Defendant Rose 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).)  

Counsel was able to confirm Defendant Rose’s mailing address as current within the past 30 days through phone call and email.

The Court notes that the next hearing is an OSC re Dismissal set for March 5, 2025, which pertains to the cross-complaint filed by Monarch Crematory against Los Angeles Community Hospital. Defendant Rose is not a party to the cross complaint. The next hearing is a motion for summary judgment set for May 27, 2025, providing Defendant Rose with sufficient time to retain new counsel.

Accordingly, the present motion to be relieved as counsel is GRANTED, effective upon service on Defendant Rose.

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.