Judge: Lee S. Arian, Case: 22STCV13117, Date: 2023-12-05 Tentative Ruling

Case Number: 22STCV13117    Hearing Date: December 5, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff’s attorney of record Rodrigo Suarez (“Counsel”) seeks to be relieved as counsel of record.  To do so, he must satisfy three requirements: (1) provide a legal basis for the request: (2) comply with California Rules of Court, Rule 3.1362. California Rules of Court, Rule 3.1362 by serving the Plaintiff with moving papers and a proposed order; and (3) demonstrate a lack of prejudice to Plaintiff. 

Here, Counsel seeks to be relieved on grounds that there has been (1) a breakdown in the attorney-client relationship, (2) an inability to locate the client, (3) Plaintiff’s conduct renders it unreasonably difficult for the lawyer to carry out the representation effectively, and (4) the client knowingly and freely assents to the termination of representation. These are sufficient bases for the Court to allow counsel to withdraw.

Counsel satisfied Rule 3.1362 because he provided a Declaration, a Notice, and a Proposed Order.

Absent a showing prejudice, an attorney’s request for withdrawal should be granted.  (People v. Prince (1968) 268 Cal.App.2d 398, 406). Trial in this matter is set for February 16, 2024 and the next motion scheduled for hearing is a Final Status Conference on February 2, 2024.  Plaintiff has time to obtain new counsel or prepare to try the case himself.  He also has time to seek a continuance of trial if he or new counsel deem it appropriate.

Thus, the Court GRANTS Counsel’s Motion to Be Relieved as Counsel.  Counsel is relieved upon filing proof of service of this ruling, which counsel is ordered to do within 5 court days of the date of this ruling.

Dated: December 5, 2023