Judge: Malcolm Mackey, Case: 20STCV11249, Date: 2022-12-15 Tentative Ruling
Case Number: 20STCV11249 Hearing Date: December 15, 2022 Dept: 55
HENDRIX
v. KTLA, LLC 20STCV11249
Hearing Date: 12/15/22,
Dept. 55
#Add-on: MOTION TO BE RELIEVED AS COUNSEL OF RECORD.
Notice: Okay
No
Opposition
MP:
So Cal Justice Law Group, P.C., counsel of
record for Plaintiff.
RP:
Summary
On 3/20/20, Plaintiff BERNIE HENDRIX filed a Complaint.
On 7/6/21, Plaintiff filed a First Amended Complaint, alleging
that the employer constructively terminated Plaintiff’s employment as camera
operator, including by allowing ongoing sexual harassment by a coworker, and
reducing hours, in retaliation for Plaintiff’s complaining about the harassment
instead of putting up with it in order to get along with the other employee.
The causes of action are:
1) SEXUAL HARASSMENT,
HOSTILE WORK ENVIRONMENT (CAL. GOV. CODE § 12940(J))
2) DISCRIMINATION (CAL.
GOV. CODE § 12940(A))
3) RETALIATION FOR
OPPOSING DISCRIMINATION AND HARASSMENT (CAL. GOV. CODE § 12940(H))
4) WRONGFUL CONSTRUCTIVE
TERMINATION IN VIOLATION OF PUBLIC POLICY
5) FAILURE TO TAKE STEPS
TO PREVENT HARASSMENT, DISCRIMINATION AND RETALIATION (CAL. GOV. CODE §
12940(K))
6) SEXUAL ASSAULT AND
BATTERY
7) NEGLIGENT HIRING, SUPERVISION,
AND RETENTION
8) NEGLIGENT INFLICTION
OF EMOTIONAL DISTRESS
9) INTENTIONAL INFLICTION
OF EMOTIONAL DISTRESS.
MP
Positions
Counsel moves to be relieved as attorney of record,
based upon a form declaration evidencing that counsel could upon request
provide information regarding counsel’s medical condition privately to the
Court, and SoCal Justice Law Group and counsel are no longer going to represent
clients in the capacity of lead trial counsel, for an undetermined amount of
time
Tentative
Ruling
The motion is granted.
Procedurally, the form notice, declaration, proposed
order, and proof of service are sufficiently in compliance. See CRC Rule 3.1362.
Additionally, moving counsel’s declaration shows a cognizable
ground for withdrawal:
·
The member's medical condition renders it
difficult for the member to carry out the employment effectively. Rules Prof. Conduct, Rule 1.16.
Further, no opposing papers have been filed in order
to evidence any prejudice to the client.
See Rules Prof. Conduct, Rule 1.16(d).
“The determination whether to grant or deny an
attorney 's motion to withdraw as
counsel of record lies within the sound discretion of the trial court, having in mind whether
such withdrawal might work an injustice in the handling of the case.” Lempert v. Sup.