Judge: Matthew C. Braner, Case: 37-2022-00033470-CU-MM-CTL, Date: 2024-06-14 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 13, 2024

06/14/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Medical Malpractice Motion Hearing (Civil) 37-2022-00033470-CU-MM-CTL HUBBS VS SHARP HEALTHCARE KIDNEY AND PANCREAS TRANSPLANT PROGRAM [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Attorney Patricia James of the law firm Miller & James LLP'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 James sufficiently explained in her declaration in general terms why the motion to be relieved as counsel should be granted, stemming from her partner's ill health and the imminent dissolution of their law firm. As Defendant Sharp Healthcare Kidney and Pancreas Transplant Program has not yet been served, the potential for unfair prejudice to Plaintiff Alicia Hubbs is minimal, as Plaintiff still has more than a year to serve Defendant within the three-year statutory time limit. (Code Civ. Proc., § 583.210, subd. (a).) Attorney James 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, counsel 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).) Attorney James and her law firm, Miller & James LLP, 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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