Judge: Lynne M. Hobbs, Case: 22STCV19707, Date: 2024-02-27 Tentative Ruling

Case Number: 22STCV19707    Hearing Date: March 20, 2024    Dept: 30

WALTER AUSTIN CHISM vs GREGORY ALEXANDER SCOTT, et al.

TENTATIVE

Plaintiff’s Attorney Edi Kristopher, Esq.’s Motion to be Relieved as Counsel is GRANTED. The effective date of the Order is delayed until Plaintiff's Counsel files proof of service of a copy of the signed order on the client pursuant to CRC rule 3.1362(e). Moving party to give notice.

Legal Standard

For a Motion to Withdraw, California Rule of Court, rule 3.1362 requires (1) a notice of motion and motion to be directed to the client; (2) a declaration stating in general terms the basis for the withdrawal, without compromising the confidentiality of the attorney-client relationship; (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel.

¿Absent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted. (People v. Prince (1968) 268 Cal.App.2d 398, 406.)

Discussion

Plaintiff’s counsel’s Motion complies with California Rules of Court, Rule 3.1362. Plaintiff’s counsel declares “[t]his motion is based on Cal. Rules Prof. Cond. Rule 1.16. Specific facts which give rise to this motion are confidential and required to be kept confidential pursuant to Bus. & Prof. Code 6068(e), Cal. Rules Prof. Cond. 1.6 and by the Attorney-Client Privilege, Evid. Code 950, et seq. In the event that this Court desires further and specific information to ascertain the good faith basis for this motion, an in-camera hearing is respectfully requested outside of the presence of all other parties so the specific facts demonstrating good cause for withdrawal may be communicated to the Court (Manfredi v. Sup. Ct.(l998) 66 Cal.App.4th 1128, 1136-1137).” (Kristopher Decl. ¶ 2.) Counsel notes that Plaintiff’s deposition still needs to be taken, nevertheless none of the parties opposed this Motion. Further, trial is set until September 23, 2024 and the Final Status Hearing is set for September 9, 2024. Therefore, prejudice is unlikely.

Accordingly, the Motion to Relieve Counsel is granted.