Judge: Lee S. Arian, Case: 22STCV08710, Date: 2024-05-21 Tentative Ruling
Case Number: 22STCV08710 Hearing Date: May 21, 2024 Dept: 27
Hon. Lee S. Arian, Dept 27
MOTION TO BE RELIEVED AS
COUNSEL
Hearing Date: 5/21/2024 at 1:30
p.m.
CASE NO./NAME: 22STCV08710
ANANUBIA AGUIRRE vs ANIBAL CASTELLANOS Moving Party: Plaintiff’s Counsel Thomas M.
Willford
Responding Party: Unopposed
Notice: Sufficient
Ruling: MOTION TO BE RELIEVED AS
COUNSEL IS GRANTED.
Background
Attorney Thomas M.
Willford represents Plaintiff. Willford 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
¿
Willford has filed Judicial Council Form
MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053
(Proposed Order). Willford 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 Court notes that the next
hearing is an OSC Re: Dismissal set for 7/3/24, which should be sufficient time
for Plaintiff to retain new counsel. Alternatively, if Plaintiff or new counsel
needs additional time to prepare for trial, sufficient time exists for
Plaintiff to take action to seek a continuance of the trial. Thus, the present
motion to be relieved as counsel is GRANTED effective upon service on
Plaintiff.
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.
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.