Judge: Lee S. Arian, Case: 22STCV25667, Date: 2024-12-10 Tentative Ruling

Case Number: 22STCV25667    Hearing Date: December 10, 2024    Dept: 27

Hon. Lee S. Arian

Department 27

Tentative Ruling

Hearing Date:                12/10/2024 at 1:30 p.m.

Case No./Name.:         22STCV25667 MALIYAH MCKNIGHT vs DTLA MANAGEMENT, LLC, et al.

Motion:                              MOTION TO BE RELIEVED AS COUNSEL

Moving Party:                 Plaintiff Maliyah McKnight’s Counsel 

Responding Party:      Unopposed

Notice:                                Insufficient

Ruling:                               MOTION TO BE RELIEVED IS DENIED.

Background

Plaintiff Maliyah McKnight’s (Plaintiff) counsel of record, Corral Law PC, Laiken Law Group and Attorneys Nathalie E. Corral and Ashley A. Laiken (Counsel), move to be relieved as counsel for Plaintiff. Counsel contends relief is necessary because there has been a breakdown in the attorney-client relationship and communications. 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

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

However, the Court notes that Counsel failed to provide notice within the minimum statutory period. Under Code of Civil Procedure section 1005(b), moving papers must be served and filed at least 16 court days before the hearing. If served by mail, the period is extended by five calendar days.  Applying this, 16 court days before the current hearing was November 14, 2024. Adding five calendar days for service by mail, and this motion needed to be served and filed by November 8, 2024. Because this motion was not filed and served until November 19, 2024, it is untimely.

Thus, the present motion is DENIED on procedural grounds.

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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.