Judge: Mel Red Recana, Case: 24STCV12626, Date: 2024-10-23 Tentative Ruling

Case Number: 24STCV12626    Hearing Date: October 23, 2024    Dept: 45

Superior Court of California

County of Los Angeles

Hearing Date:             October 23, 2024

Moving Parties:           Plaintiffs Adriana Gonzalez Ceron and Pedro Mendoza Sosa’s Counsel, DAG Law Firm APC

Responding Party:       None

Motions to be Relieved as Counsel for Plaintiffs Adriana Gonzalez Ceron and Pedro Mendoza Sosa.

The court has considered the moving papers.

The court GRANTS Counsel’s motions to be relieved as counsel for plaintiffs Adriana Gonzalez Ceron and Pedro Mendoza Sosa.

Discussion

            DAG Law Firm APC (“Counsel”) moves to be relieved as counsel of record for plaintiffs Pedro Mendoza Sosa and Adriana Gonzalez Ceron. The court has discretion to allow an attorney to withdraw and such a motion should be granted provided that there is no prejudice to the client, and it does not disrupt the orderly process of justice. (See Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398.)

CRC, Rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to Be Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under CCP § 284(2) is brought instead of filing a consent under CCP § 284(1) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel—Civil form (MC-053)).

Here, Counsel has complied with CRC, Rule 3.1362. Counsel filed the required forms and declared that there has been an irreparable breakdown of the working relationship with the clients. (DAG Law Firm Decl. ¶ 2.) The Court notes that MC-053 (Proposed Order) lists the next hearing as the Case Management Conference scheduled for February 7, 2025, but trial has not been set. Notably, neither client filed an opposition. Thus, the Court is unaware of any circumstances prejudicing plaintiffs.

The Court therefore GRANTS Counsel’s motions to be relieved as counsel for plaintiffs Adriana Gonzalez Ceron and Pedro Mendoza Sosa effective upon proof of service of this Order.

It is so ordered.

Date:   October 23, 2024

______________________

Mel Red Recana

Judge of the Superior Court