Judge: Malcolm Mackey, Case: 20STCV39275, Date: 2022-09-08 Tentative Ruling
Case Number: 20STCV39275 Hearing Date: September 8, 2022 Dept: 55
LIRA
v. COSIO 20STCV39275
Hearing Date: 9/8/22,
Dept. 55
#9: MOTION TO BE RELIEVED AS COUNSEL OF RECORD.
Notice: Okay
No
Opposition
MP:
Counsel of record for Plaintiff.
RP:
Summary
On 10/13/20, Plaintiff JOSE ANTONIO OLIVARES LIRA filed
a Complaint, alleging a breach of contract and fraud, committed by Defendant, after
Defendant agreed to produce textile materials in exchange for money tendered by
Plaintiff, but Defendant never delivered.
MP
Positions
Counsel moves to be relieved as attorney of record,
based upon a form declaration evidencing that:
·
The attorney-client relationship broke
down due to irreconcilable differences.
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:
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.