Judge: Mel Red Recana, Case: 21STCV31988, Date: 2024-03-21 Tentative Ruling

All rulings shown here are TENTATIVE ONLY, and thus oral argument WILL be heard. All Counsel are still required to attend.

Case Number: 21STCV31988    Hearing Date: March 21, 2024    Dept: 45

Superior Court of California

County of Los Angeles

 

 

DANIEL JACOBS,

 

                             Plaintiff,

 

                              vs.

 

LOYOLA MARYMOUNT UNIVERSITY, a corporation,

 

                              Defendant.
Case No.:  21STCV31988

DEPARTMENT 45

 

 

 

[TENTATIVE] RULING

 

 

 

Action Filed: 08/30/2021

[1st Amended Complaint Filed: N/A]

Trial Date:  09/16/2024

 

Hearing date:              March 21, 2024

Moving Party:             Plaintiff’s Counsel

Responding Party:      N/A

 

Plaintiffs’ Counsel’s Motion To Be Relieved As Counsel

The Court considered the moving papers. The motion is GRANTED.

 

Background

            Daniel Jacobs (Plaintiff) was a Clinical Associate Professor in the College of Business Administration at his former employer, Loyola Marymount University (Defendant). Plaintiff brings a Private Attorneys General Act (PAGA) claim against Defendant and alleges several violations of the California Labor Code.

            The motion before the Court is Plaintiff’s Counsel’s Motion to Be Relieved as Counsel filed on December 14, 2023.

Legal Standard

            An application to be relieved as counsel must be made on Judicial Counsel Form MC-051 (Notice of Motion and Motion) (Cal. Rules of Court, rule 3.1362(a)), MC-052 (Declaration) (Cal. Rules of Court, rule 3.1362(c)), and MC-053 (Proposed Order) (Cal. Rules of Court, rule 3.1362(e)). The proposed order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. (Cal. Rules of Court, rule 3.1362(e).) Further, the requisite forms must be served on the client and all other parties who have appeared in the case. (Cal. Rules of Court, rule 3.1362(d).)

Discussion

             Here, Plaintiff’s counsel has met all the necessary requirements to grant the Motion. Counsel has filed both forms MC-051 and MC-052. Additionally, form MC-052 denotes all upcoming hearings, including the Case Management Conference on September 4, 2024 and the trial beginning on September 16, 2024. Finally, counsel files this Motion under Rule 1.16 of the Rules of Professional Conduct noting that there has been an irremediable breakdown in the attorney-client relationship. All appropriate notice has been given.

 

            Based on the foregoing, the court grants Plaintiff’s counsel’s Motion to Be Relieved As Counsel. 

 

 

 

            It is so ordered.

 

Dated: March 21, 2024

 

_______________________

ROLF M. TREU

Judge of the Superior Court