Judge: Matthew C. Braner, Case: 37-2022-00021636-CU-OR-CTL, Date: 2024-03-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 29, 2024

03/01/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2022-00021636-CU-OR-CTL SAN DIEGO GAS & ELECTRIC COMPANY VS HERRERA [IMAGED] CAUSAL DOCUMENT/DATE FILED:

The court is inclined to grant attorney Stokes's request to be relieved as counsel. Plaintiff did not file an objection to the request and confirmed at the February 16, 2024 trial readiness conference that it does not object to her being relieved as counsel for Defendant Philip Herrera. Defendant also did not file an opposition to counsel's request or otherwise object.

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, the court is satisfied that withdrawal by attorney Stokes at this time will not unfairly prejudice Defendant's interests, given the facts surrounding the conflict between them.

The court notes that attorney Stokes has not complied with the technical requirements set forth in in the California Rules of Court, including with respect to the required form documents and the service of notice. (CRC 3.1362.) However, under the circumstances (which are unusual), the court will exercise its discretion to excuse counsel's technical noncompliance. The court is satisfied that Defendant Herrera received notice of both counsel's intent to be relieved and of the March 1, 2024 hearing in sufficient time to submit an objection and/or appear at the hearing.

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