Judge: Lee W. Tsao, Case: 23NWCV0064, Date: 2024-04-08 Tentative Ruling

Case Number: 23NWCV0064    Hearing Date: April 8, 2024    Dept: C

Enriquez Materials & Quilting, Inc., vs Esperanza Padilla, et al., Case No. 23NWCV0064

This is a breach of contract action. Plaintiff’s Counsel Debra Grimaila moves ex parte to withdraw her legal representation of Plaintiff Enriquez Materials & Quilting, Inc. or, in the alternative, for an order shortening time to provide notice of the motion.  Counsel contends her working relationship with Plaintiff has become so strained that she can no longer successfully prepare this case for trial.

A motion to be relieved as counsel is a noticed motion which must be made on a judicial council form. (Cal. Rules of Court, rule 3.1362(a).) Thus, the Court cannot rule on the motion at this time.  Accordingly, Counsel’s ex parte application is DENIED.  Alternatively, the Court specially sets a hearing on the motion for May 7, 2024 at 9:30 a.m. in Dept. SE-C.  Counsel is ordered to file and serve a properly noticed motion within the time period prescribed by CCP § 1005. 

Counsel is advised that the Court typically requires litigants to file noticed motions after first making a reservation on the Court’s reservation system.  A party may then seek ex parte relief if necessary. 

Plaintiff’s Counsel to give notice.