Judge: Matthew C. Braner, Case: 37-2024-00002694-CU-WT-CTL, Date: 2024-06-21 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - June 20, 2024

06/21/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Wrongful Termination Motion Hearing (Civil) 37-2024-00002694-CU-WT-CTL KEREKES VS TESLA ENERGY OPERATIONS INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Attorney Viridiana Aceves of the law firm Aceves Law, APC's motion to be relieved as counsel for Plaintiff Dillon Kerekes 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 Aceves sufficiently explained in her declaration in general terms why the motion to be relieved as counsel should be granted. Attorney Aceves explained that a conflict of interest has arisen between her and her client, and that there has been an irreconcilable breakdown in the attorney-client relationship. This case is still in its infancy, no trial date has been set, and Defendants' motion to compel arbitration is not set to be heard until September, so the potential for unfair prejudice to Plaintiff is minimal. Attorney Aceves 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, and removes attorney Aceves's signature in the space designated for the judicial officer's signature. 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 Aceves and her law firm, Aceves Law, APC, 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

3112240  4