Complaint Filed: 7/15/2022¿ 

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Hon. Lee S. Arian¿¿¿ 

Department 27¿¿¿ 

Tentative Ruling¿¿ 

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Hearing Date: 3/11/2024 at 1:30 p.m.¿¿¿¿ 

Case No./Name.: 22STCV22825 CRAIG A. WRIGHT vs HOTEL SADDLEBACK 

Motion: MOTION TO BE RELIEVED AS COUNSEL¿ 

Moving Party: Plaintiff’s Counsel Gilbert Perez, III 

Responding Party: Unopposed¿ 

Notice: Sufficient¿¿¿¿ 

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Ruling: MOTION TO BE RELIEVED AS COUNSEL IS GRANTED.¿ 

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Background¿ 

 

 

On 7/14/22, Plaintiff filed the present slip and fall action. Plaintiff is currently represented by Gilbert Perez, III. Plaintiff’s counsel brings forth the present motion to be relieved as counsel, citing an irremediable breakdown in the attorney-client relationship and/or communication, which rendered it unreasonably difficult, if not impossible, for Plaintiff's counsel to continue representing Plaintiff 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¿ 

 

Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order) have all been filed. Counsel 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. A breakdown in the attorney-client relationship is grounds for allowing the attorney to withdraw. (Estate of Falco (1987) 188 Cal.App.3d 1004, 1014.) The Court notes that the next hearing is a Final Status Conference set for 10/21/24; Plaintiff thus has sufficient time to retain new counsel or prepare to represent himself. Accordingly, the present motion to be relieved as counsel is GRANTED, effective as of the date of Notice to Plaintiff.¿ 

 

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¿PLEASE TAKE NOTICE:¿¿¿¿¿¿ 

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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.¿¿¿¿¿¿¿¿ 

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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.¿¿¿¿¿¿¿¿ 

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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.¿¿¿¿¿¿¿ 

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