Judge: Lee S. Arian, Case: 23STCV27700, Date: 2025-02-03 Tentative Ruling

Case Number: 23STCV27700    Hearing Date: February 3, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

DEMETRIUS LOOT,              Plaintiff,

            vs.

 

LOS ANGELES DEPARTMENT OF WATER AND POWER, et al.,

 

                        Defendants.

 

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    CASE NO.: 23STCV27700

 

[TENTATIVE RULING] COURT WILL HEAR FROM PARTIES RE MOTION TO BE RELIEVED AS COUNSEL

 

Dept. 27

1:30 p.m.

February 3, 2025

 

Background

Attorney Ivan Medina represents Plaintiff. Medina 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¿

Medina has filed Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). Medina seeks to be relieved as counsel for Plaintiff on the ground that there has been a breakdown in the attorney-client relationship. The Court finds this to be proper grounds for withdrawal. (See Estate of Falco (1987) 188 Cal.App.3d 1004, 1014 (a breakdown in the attorney-client relationship is grounds for allowing the attorney to withdraw).)  However, counsel has failed to indicate in what manner the relationship has broken down.  While counsel must protect the attorney-client privilege, he still can provide more context than a conclusory statement that the relationship has broken down.  Is the breakdown a disagreement in strategy, an inability to communicate, etc.?  Counsel can provide more context without revealing specific statements between him and his client so that the Court can reasonably evaluate next steps in the case, particularly in light of the fact that trial is scheduled for a mere three months from now. 

Accordingly, the Court will hear from the parties.

 

 

 

 

Hon. Lee S. Arian

Judge of the Superior Court