Judge: Maurice A. Leiter, Case: 23STCV02363, Date: 2024-05-31 Tentative Ruling

Case Number: 23STCV02363    Hearing Date: May 31, 2024    Dept: 54

Hearing Date: May 31, 2024

Department 54, Judge Maurice A. Leiter

(2) Motions to Be Relieved as Counsel

Moving Party: Sherry R. Fredrick, Esq., counsel of record for Defendants Perez Construction & Development Corporation and Leovardo Perez

Responding Party: Plaintiff Privilege Underwriters Reciprocal Exchange

T/R:      THE MOTIONS ARE GRANTED. COUNSEL TO FILE PROOF OF SERVICE OF ORDER ON DEFENDANTS WITHIN 5 DAYS OF NOTICE OF RULING. COUNSEL WILL BE RELIEVED UPON FILING OF PROOF OF SERVICE OF ORDER.

TRIAL IS CONTINUED TO JANUARY 27, 2025 AT 9:30; FINAL STATUS CONFERENCE CONTINUED TO JANUARY 17, 2025 AT 9:30. ALL PRETRIAL DEADLINES WILL FLOW FROM THE NEW TRIAL DATE.

COUNSEL TO NOTICE.

The Court considers the moving papers and opposition.

The Court may issue an order allowing an attorney to withdraw from representation, after notice to the client.  (CCP § 284.)  The attorney may withdraw from representation where the withdrawal would not result in undue prejudice to the client’s interest—that is, counsel cannot withdraw at a critical point in the litigation.  (Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915; see California Rule of Professional Conduct 3-700.)

Sherry R. Fredrick, Esq., counsel of record for Defendants Perez Construction & Development Corporation and Leovardo Perez seeks to withdraw from representation of Defendants. Counsel states that coverage counsel under Defendants’ insurance has stated there is no coverage under the policy for this action. In opposition, Plaintiff requests that the Court continue the August 12, 2024 trial to allow Defendants to find new counsel. The Court will do so. As trial is continued, no prejudice will result from counsel’s withdrawal. Counsel has complied with CRC 3.1362.

The motions are GRANTED.