Judge: Lee S. Arian, Case: 22STCV14037, Date: 2024-05-22 Tentative Ruling

Case Number: 22STCV14037    Hearing Date: May 22, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27 

MOTION TO BE RELIEVED AS COUNSEL  

Hearing Date: 5/22/2024 at 1:30 p.m.  

CASE NO./NAME: 22STCV14037 EDNA FUENTES vs MELUSINE ENTERPRISES LLC

Moving Party: Plaintiff’s Counsel Novik Law Group

Responding Party: Unopposed  

Notice: Sufficient  

Ruling: MOTION TO BE RELIEVED AS COUNSEL IS CONTINUED 

Background

Novik Law Group represents Plaintiff. Novik Law Group moves to be relieved as counsel, citing an irremediable breakdown in the attorney-client communication. 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.)

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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).)

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Analysis and Conclusion

Novik Law Group has filed Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). Novik Law Group seeks to be relieved as counsel for Plaintiff on the grounds that there has been a breakdown in the attorney-client communication. 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/communication is grounds for allowing the attorney to withdraw).)

The Court notes that the next hearing is two Orders to Show Cause set for 6/12/24, which would not be sufficient time for Plaintiff to retain new counsel to attend the hearing and accordingly withdrawal at this time would be prejudicial or disrupt the orderly process of justice. The Court continues the present motion to 6/12/24 to trail the hearing on the Orders to Show Cause.

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.