Judge: Lee S. Arian, Case: 22STCV34016, Date: 2024-08-08 Tentative Ruling

Case Number: 22STCV34016    Hearing Date: August 8, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27 

MOTION TO BE RELIEVED AS COUNSEL  

Hearing Date: 8/8/2024 at 1:30 p.m.  

CASE NO./NAME: 22STCV34016 DOUGLAS SED, AN INDIVIDUAL vs IL JU HUR 

Moving Party: Plaintiff’s Counsel Vanessa Fantasia

Responding Party: Unopposed  

Notice: Insufficient  

Ruling: MOTION TO BE RELIEVED AS COUNSEL IS DENIED. 

Background 

Attorney Vanessa Fantasia represents Plaintiff. Fantasia moves to be relieved as counsel, citing an irremediable breakdown in the attorney-client relationship. No opposition has been filed. 

Legal Standard¿ 

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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¿ 

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Fantasia has filed Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). Fantasia 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. (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).)  

Counsel alleges that Plaintiff's address was confirmed to be current through mail with return receipt requested, but no return receipt has been attached to the present motion. Therefore, the Court is not certain that Plaintiff has received notice of the present motion. 

Furthermore, the Court notes that there is an FSC and OSC Re: Sanctions set for 8/16/24 and a Trial set for 8/30/24. There would be insufficient time for Plaintiff to retain new counsel and accordingly withdrawal at this time would be prejudicial or disrupt the orderly process of justice. Thus, the present motion is DENIED. 

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.