Judge: Matthew C. Braner, Case: 37-2021-00051214-CU-WT-CTL, Date: 2023-11-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 02, 2023

11/03/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Wrongful Termination Motion Hearing (Civil) 37-2021-00051214-CU-WT-CTL MARTINEZ VS WEST COAST DRYWALL & COMPANY INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Attorneys Daniel Reisman and Erin Reisman of the law firm Reisman & Reisman's motion to be relieved as counsel is conditionally GRANTED.

California Rules of Court, rule 3.1362(c), requires an attorney to declare the grounds for withdrawing 'in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1).' The determination whether to grant or deny a motion to withdraw as counsel is within the sound discretion of the trial court. (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133; Mandell v. Superior Court (1977) 67 Cal.App.3d 1, 4.) An attorney may withdraw from a case if withdrawal can be accomplished without undue prejudice to the client's interests.

(Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) Here, attorney Reisman sufficiently explained in his declaration in general terms why the motion to be relieved as counsel should be granted and why a motion under Code of Civil Procedure section 284(2) was brought instead of filing a consent under section 284(1). The potential for unfair prejudice to Plaintiff Carlos Martinez is minimal, as no trial date has yet been set. Attorney Reisman has otherwise complied with the applicable procedural requirements and thus, the motion to be relieved as counsel is conditionally granted.

Counsel is directed to provide a revised form order for the court's signature that includes the parties appearing at the hearing. Within five court days of entry of the signed revised form order, attorney Mohr shall then serve: (1) notice of this ruling; and (2) the signed form order on all parties. (Cal. Rules of Ct., rule 3.1362, subd. (e).) Attorneys Daniel Reisman and Erin Reisman, and their law firm Reisman and Reisman, will be relieved as counsel as of the date the proof of service of this order and the signed form order is filed with the court. (Ibid.) Calendar No.: Event ID:  TENTATIVE RULINGS

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