Judge Lee S. Arian, Case Number: 23STCV29900, Date: 2024-11-25 Tentative Ruling

Judge: Lee S. Arian, Case: 23STCV29900, Date: 2024-11-25 Tentative Ruling

Case Number: 23STCV29900 Hearing Date: November 25, 2024 Dept: 27

Hon. Lee S. Arian, Dept 27

MOTION TO BE RELIEVED AS COUNSEL

Hearing Date: 11/25/2024 at 1:30 p.m.

CASE NO./NAME: 22STCV29900 SALOMY LEE vs KEVIN ALFRDO ESPINOZA, et al.

Moving Party: Plaintiff’s Counsel Gary Dordick

Responding Party: Unopposed

Notice: Sufficient

Ruling: COURT WILL HEAR ARGUMENT

Background

Attorney Gary Dordick represents Plaintiff. Dordick 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¿

Dordick has filed Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order).

Dordick 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. (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).)

Dordick confirmed Plaintiff's address as current within the past 30 days by counsel via phone call. As such, the motion to withdraw is substantively sufficient.

However, on November 21, 2024, Plaintiff filed a Request for Entry of Default and a Declaration regarding that Request. To provide the Court time to address that filing, the Court sets a Non-Appearance Case Review re Entry of Default for December 9, 2024, at 10:00 a.m. and will discuss this motion to withdraw with counsel at today’s hearing.