Judge: Lynette Gridiron Winston, Case: 23PSCV01543, Date: 2024-10-29 Tentative Ruling

Case Number: 23PSCV01543    Hearing Date: October 29, 2024    Dept: 6

CASE NAME:  Amalia Chavez v. Park Royal Beach Mazatlan, et al. 

Motion of Olga N. Troshchiy to be Relieved as Counsel for Plaintiff Amalia Chavez 

TENTATIVE RULING 

The Court GRANTS the motion of Olga N. Troshchiy to be relieved as counsel for Plaintiff Amalia Chavez. 

             Counsel is ordered to give notice of the Court’s ruling within five calendar days of this order. Counsel is further ordered to serve and then file a proof of service of the Court’s signed order upon Plaintiff within five calendar days of the Court signing the order. 

BACKGROUND 

This is a personal injury action. On May 22, 2023, plaintiff Amalia Chavez filed this action against defendants Park Royal Beach Mazatlan, Royal Holiday Vacation Club, Royal Holiday, inc., Park Royal Hotels & Resorts, Cristal, and Does 1 through 50, alleging one cause of action for personal injury. 

On September 25, 2024, Olga N. Troshchiy of Troshchiy Law Firm, APC 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 

            Olga N. Troshchiy of Troshchiy Law Firm, APC (Counsel) moved to be relieved as counsel for Plaintiff on the grounds that there has been a breakdown in the attorney-client relationship. (Troshchiy Decl., ¶ 2.) The Court finds this to be a sufficient basis 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.) Grounds for permitting an attorney to withdraw from representation also include the client’s conduct that, “renders it unreasonably difficult for the lawyer to carry out the representation effectively[.]” (Cal. Rules of Professional Conduct, rule 1.16, subd. (b)(4).) 

Counsel has submitted the motion, declaration, and proposed order on Judicial Council forms MC-051, MC-052, and MC-053. (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).) Counsel also filed a proof of service of these documents. (Id., rule 3.1362, subd. (d); Motion, p. 3 of pdf.) 

            Based on the foregoing, the Court GRANTS the motion to be relieved as counsel. 

CONCLUSION 

The Court GRANTS the motion of Olga N. Troshchiy to be relieved as counsel for Plaintiff Amalia Chavez. 

             Counsel is ordered to give notice of the Court’s ruling within five calendar days of this order. Counsel is further ordered to serve and then file a proof of service of the Court’s signed order upon Plaintiff within five calendar days of the Court signing the order.