Judge: Lee S. Arian, Case: 22STCV37926, Date: 2024-01-22 Tentative Ruling

Case Number: 22STCV37926    Hearing Date: April 3, 2024    Dept: 27

Hon. Lee S. Arian

Department 27

Tentative Ruling

Hearing Date:           4/3/2024 at 1:30 p.m.

Case No./Name:          22STCV37926 JOSHUA JERMAINE CLARK vs. JOHN DOE

Motion:                    MOTION TO BE RELIEVED AS COUNSEL

Moving Counsel:      Jennifer P. Burkes and David Vartanian

Responding Party:    Unopposed

Notice:                     Sufficient

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Ruling:                    MOTION TO BE RELIEVED AS COUNSEL¿IS GRANTED

Background

Plaintiff Joshua Jermaine Clark is currently represented by Counsels Jennifer P. Burkes and David Vartanian. Burkes and Vartanian moves to be relieved as counsels, citing an irremediable breakdown in the attorney-client relationship and/or communication, which rendered it unreasonably difficult, if not impossible, for counsels 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

Burkes and Vartanian have filed and served Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order) in order 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 an FSC set for 5/20/24, which should be sufficient time for Plaintiff to retain new counsel. If Plaintiff or new counsel needs additional time to prepare for trial, sufficient time exists for Plaintiff to take action to seek a continuance of the trial. Thus, the present motion to be relieved as counsel is GRANTED, effective upon service on Plaintiff of the order relieving Burkes and Vartanian.

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.