Judge: Lynette Gridiron Winston, Case: 22PSCV00137, Date: 2024-04-25 Tentative Ruling

Case Number: 22PSCV00137    Hearing Date: April 25, 2024    Dept: 6

CASE NAME:  Rolando Escareno v. Jack Weichman, Inc. 

Motion to be Relieved as Plaintiff’s Counsel 

TENTATIVE RULING 

The Court GRANTS the motion to be relieved as plaintiff’s counsel. The Court advances and vacates the trial date of June 3, 2024 and the Final Status Conference date of May 20, 2024. The Court will set a status conference on May 20, 2024 to allow Plaintiff time to retain new counsel or proceed as a self-represented litigant. Counsel shall submit a revised proposed Order with the dates set forth in this Order. 

Counsel is ordered to give notice of this ruling and file proof of service of same within five calendar days. 

BACKGROUND 

This is a breach of contract action. On February 9, 2022, plaintiff Rolando Escareno (Plaintiff) filed this action against defendant Jack Weichman, Inc. and Does 1 to 20, alleging one cause of action for breach of contract. 

On March 22, 2024, Jay S. Bloom of Law Offices of Jay S. Bloom moved to be relieved as counsel for Plaintiff. The motion is unopposed. 

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).) 

DISCUSSION 

Jay S. Bloom of Law Offices of Jay S. Bloom (Counsel) seeks to be relieved as counsel for Plaintiff. Counsel indicates that he suffered a stroke in July 2023 for which he continues to receive medical treatment, including for neurology and speech therapy, and that he is therefore unable to conduct a trial. (Bloom Decl., Ex. A, ¶¶ 2-3.) 

The Court finds this to be proper grounds for withdrawal. Grounds for permitting an attorney to withdraw from representation include the attorney’s mental and physical health making it unreasonably difficult for the attorney to carry out the representation effectively. (Cal. Rules of Professional Conduct, rule 1.16, subd. (a)(3).) Accordingly, the Court GRANTS the motion. 

However, the Court notes that trial is currently scheduled for June 3, 2024. That does not give Plaintiff much time to find new counsel. But, given Counsel’s health problems, denial of this motion would not prevent prejudice to Plaintiff either. Thus, to avoid prejudice to Plaintiff, the Court will advance and vacate the current trial date and corresponding Final Status Conference, and will set a status conference on May 20, 2024 to determine a new trial date and Final Status Conference date. (See Ramirez, supra, 21 Cal.App.4th at p. 915; Prince, supra, 268 Cal.App.2d at pp. 403-407.) 

CONCLUSION 

The Court GRANTS the motion to be relieved as counsel. The Court advances and vacates the trial date of June 3, 2024 and the Final Status Conference date of May 20, 2024. The Court will set a status conference on May 20, 2024 to allow Plaintiff time to retain new counsel or proceed as a self-represented litigant. Counsel shall submit a revised proposed Order with the dates set forth in this Order. 

Counsel is ordered to give notice of this ruling and file proof of service of same within five calendar days.