Judge: Lee S. Arian, Case: 22STCV12725, Date: 2024-02-02 Tentative Ruling

Case Number: 22STCV12725    Hearing Date: February 2, 2024    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.       INTRODUCTION

          On April 15, 2022, Plaintiff Desirae Pena (“Plaintiff”) filed this action against Defendants City of Los Angeles, County of Los Angeles, California Department of Transportation, Los Angeles County Metropolitan Transportation Authority, Bird Rides, Inc., Segway Inc., and Does 1 to 50, alleging three causes of action: (1) premises liability, (2) strict products liability, and (3) negligence. The complaint alleges that Plaintiff incurred injuries and damages arising from an accident when riding a motorized scooter in the City of Los Angeles on April 10, 2021.

On March 20, 2023, Defendant City of Los Angeles (the “City”) filed a Substitution of Attorney form. Michael H. Shen of Wolfe & Wyman LLP was substituted in as the new counsel for the City, replacing its former counsel.

On June 13, 2022, Plaintiff filed a Request for Dismissal as to Defendant Bird Rides, Inc., which was subsequently entered on June 15, 2022.

On September 6, 2023, Plaintiff filed a Request for Dismissal as to Defendant Segway, Inc., which was subsequently entered on September 7, 2023.

On January 9, 2023, Counsel Avery J. Cantor (“Counsel”) filed the instant Motion to Be Relieved as Counsel for Defendant City. [1]

II.      LEGAL STANDARDS

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (Code Civ. Proc., § 284(2).) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.)   

 An application to be relieved as counsel must be made on Judicial Counsel Form MC-051 (Notice of Motion and Motion) (Cal. Rules of Court, rule 3.1362(a)), MC-052 (Declaration) (Cal. Rules of Court, rule 3.1362(c)), and MC-053 (Proposed Order) (Cal. Rules of Court, rule 3.1362(e)). The proposed order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. (Cal. Rules of Court, rule 3.1362(e).)

 Further, the requisite forms must be served on the client and all other parties who have appeared in the case. (Cal. Rules of Court, rule 3.1362(d).) The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court. (Cal. Rules of Court, rule 3.1362(e).) A motion to withdraw will not be granted where withdrawal would prejudice the client.  (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) 

III.     DISCUSSION

Counsel has filed completed forms MC-051 and MC-052, and has lodged with the Court a copy of the proposed order on form MC-053 as required. (Cal. Rules of Court, rule 3.1362.)  Counsel states the instant motion is filed for the following reason: “Attorney client relationship has been compromised and a withdrawal of representation is necessary under California Rules of Professional Conduct Section 3-700 (C) (f), non-payment of attorney fees and expenses.” (MC-052.) This declaration suggests this is a permissive withdrawal. (CRPC Rule 1.16(b)(4).)

Defendant City was served notice through mail at its last known address. Counsel declares that he has confirmed within the past 30 days that the address is current by verifying through Defendant City’s website. The Court finds this effort to be reasonable.

The remaining hearings in this matter include a Final Status Conference on May 20, 2024, and a Non-Jury Trial on June 3, 2024.  There is sufficient time for Defendant City to find its new counsel. 

Accordingly, the Court determines that Counsel’s motion to be relieved as counsel is GRANTED.

IV.     CONCLUSION

Defendant City of Los Angeles’ counsel’s motion to be relieved as counsel is GRANTED upon filing of a proof of service of this ruling on all parties.

Moving party to give notice.

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 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.

Dated this 2^nd Day of February 2024