Judge Lee S. Arian, Case Number: 23STCV22070, Date: 2024-10-22 Tentative Ruling

Judge: Lee S. Arian, Case: 23STCV22070, Date: 2024-10-22 Tentative Ruling

Case Number: 23STCV22070 Hearing Date: October 22, 2024 Dept: 27

Hon. Lee S. Arian, Dept 27

MOTION TO BE RELIEVED AS COUNSEL

Hearing Date: 10/22/24 at 1:30 p.m.

CASE NO./NAME: 23STCV22070 STEVEN CAMPOS vs SUNNY VILLAGE CARE CENTER et al.

Moving Party: Plaintiff’s Counsel Mark Douglas Ringsmuth

Responding Party: Unopposed

Notice: Insufficient

Ruling: MOTION TO BE RELIEVED AS COUNSEL IS DENIED

Background

Attorney Mark Douglas Ringsmuth represents Plaintiff. Ringsmuth moves to be relieved as counsel, citing an irremediable breakdown in the attorney-client relationship. 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¿

No MC-053 (Proposed Order) was filed. Plaintiff alleges that the client was served by mail at the client's last known address, confirmed within the past 30 days. This address was confirmed as current by mail, return receipt requested. However, no return receipt was attached to the motion. The Court is thus not convinced that Plaintiff was properly notified of the present motion.

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.