Judge: Lee S. Arian, Case: 23STCV24365, Date: 2024-01-23 Tentative Ruling

Case Number: 23STCV24365    Hearing Date: January 23, 2024    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

This action arises from a premises liability accident that occurred on October 8, 2021. On October 6, 2023, Plaintiff Hector Robles Martinez (“Plaintiff”) filed this action against Defendant El Gallo Giro Corporation (“Defendant”) and Does 1 to 30, alleging causes of action for premises liability and general negligence.

On December 19, 2023, Anthony R. Lopez, counsel for Plaintiff (“Counsel”), filed the instant motion to be relieved as counsel. The motion is unopposed.

II.          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).) 

III.        DISCUSSION

Counsel seeks to be relieved as counsel for Plaintiff on the grounds that there has been a breakdown in the attorney-client relationship. (Lopez Decl., ¶ 2.) 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.) Counsel has also provided the appropriate Judicial Council forms, namely forms MC-051, MC-052, and MC-053. (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).)

The Court notes that the declaration (Form MC-052) contains an incorrect date for the Final Status Conference. (Lopez Decl., ¶ 4.) However, the proposed order (Form MC-053) does contain the correct date for the Final Status Conference. Thus, the incorrect date on the declaration is not an issue.

Therefore, the Court GRANTS the motion to be relieved as counsel.

IV.         CONCLUSION

The Court GRANTS the motion to be relieved as counsel.  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 23rd day of January 2024