Judge: Matthew C. Braner, Case: 37-2023-00036848-CU-BC-CTL, Date: 2023-12-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 14, 2023

12/15/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2023-00036848-CU-BC-CTL STANLEY VS GONZALEZ [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Attorney Daniel Levinson of the law firm Levinson Stockton 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 Levinson 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). As Defendant Evangeline Gonzalez was only recently served, the potential for unfair prejudice to Plaintiff John Stanley is minimal at best.

Attorney Levinson 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 Levinson and his law firm, Levinson Stockton 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.

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