Judge: Lee S. Arian, Case: 23STCV18896, Date: 2023-12-19 Tentative Ruling

Case Number: 23STCV18896    Hearing Date: January 23, 2024    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On August 9, 2023, Plaintiffs Nancy Gloria Mayen-Hernandez and Jadelyn Francheska Ventura (“Plaintiffs”) filed a complaint against Defendants Yanik R. Camarillo, Helga C. Camarillo, Manuel Camarillo (“Defendants”), and DOES 1 to 100, for (1) general negligence and (2) premises liability. The complaint alleges on or about February 20, 2023, Defendants negligently maintained their property resulting in a fire, where Plaintiffs suffered personal injuries, including but not limited to smoke inhalation, burn injuries, and damage to their personal property.

On November 13, 2023, Parkinson Benson and Potter (“PBP”) filed and served a motion to be relieved as counsel for Plaintiffs. The Court denied the motion without prejudice on December 19, 2023. The Court noted the MC-053 Form did not set forth any of the hearing dates scheduled in this action and Section 3(b)(2) on the MC-052 Form was left blank.

On December 21, 2023, PBP filed this instant motion to be relieved as counsel.

II.          LEGAL STANDARD

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (Code of Civ. Proc., § 284(2).) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.)

An application to be relieved as counsel must be made on Judicial Counsel Form MC-051 (Notice of Motion and Motion) (Cal. Rules of Court, rule 3.1362(a)), MC-052 (Declaration) (Cal. Rules of Court, rule 3.1362(c)), and MC-053 (Proposed Order) (Cal. Rules of Court, rule 3.1362(e)). The proposed order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. (Cal. Rules of Court, rule 3.1362(e).)

Further, the requisite forms must be served on the client and all other parties who have appeared in the case. (Cal. Rules of Court, rule 3.1362(d).) The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court. (Cal. Rules of Court, rule 3.1362(e).) A motion to withdraw will not be granted where withdrawal would prejudice the client. (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)

III.        DISCUSSION

Bree Durso of Parkinson Benson and Potter declares there has been a breakdown in the attorney-client relationship. Counsel also states that Plaintiffs are aware and consent to the request to be relieved as counsel.

Counsel  has stated a valid basis to be relieved as counsel. Furthermore, the MC-053 Form indicates the Final Status Conference is scheduled for January 22, 2025, the Non-Jury Trial is scheduled for February 5, 2025, and the Order to Show Cause Re: Dismissal is scheduled for August 6, 2025. Lastly, Counsel declares that the service address of Plaintiffs is the current residence address and that Counsel confirmed the service address was current within the past 30 days through conversation with Plaintiffs. Accordingly, the motion is granted.

IV.         CONCLUSION

PBP’s motion to be relieved as counsel is GRANTED. The motion is granted as of the time of effective service of this ruling and filing of the proof of service. 

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

Dated this 23^rd day of January 2024