Judge: Mark H. Epstein, Case: 21STCV36141, Date: 2023-04-21 Tentative Ruling

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Case Number: 21STCV36141    Hearing Date: April 21, 2023    Dept: R

The motion to be relieved is DENIED WITHOUT PREJUDICE.  First, the declaration is not adequate.  While the court appreciates that detail cannot be forthcoming without violating the privilege, this particular declaration says nothing more than that counsel needs to be relieved for reasons that he will not give.  At least at some level of generality a reason can be given that does not violate the privilege.

Second, this would leave the plaintiff without representation.  The court has in the past expressed concern that this plaintiff is not competent to represent herself and (in the prior case that plaintiff dismissed voluntarily and at the request of her then-counsel) has ordered a Guardian ad litem be appointed.  The court raised that issue here with present counsel but the court does not believe a GAL has been appointed in part because current counsel did not believe it was necessary.  However, given the court’s prior concern and counsel’s request to withdraw, the court is not convinced that plaintiff has an understanding of what is going on or the consequences of being self-represented.  Plaintiff’s counsel will need to address the GAL issue before the court can relieve him of his representation of plaintiff.