Background¿ 

 

Plaintiff is currently represented by Counsel Michael Domingo (Domingo) of Culver Legal, LLP. Domingo moves to be relieved as counsel, citing an irremediable breakdown in the attorney-client communication, which rendered it unreasonably difficult, if not impossible, for 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 

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Domingo 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 and/or communication 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 12/3/24, ample amount of time for Plaintiff to seek new counsel. 

 

However, the motion is DENIED because Section 3a of the Declaration needs to be completed and MC-053 (Proposed Order) has not been filed and served.  

 

¿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.¿ 

 

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.