Judge: Michael E. Whitaker, Case: 18STCV01437, Date: 2022-12-07 Tentative Ruling

Case Number: 18STCV01437    Hearing Date: December 7, 2022    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTION

Gerald L. Marcus (Counsel) moves to be relieved as counsel for Plaintiff Robert William Holliday (Plaintiff).

ANALYSIS

Counsel has filed forms MC-051 and MC-052 and has lodged with the Court a copy of the proposed order on form MC-053 as required.  (Cal Rules of Court, rule 3.1362.)  The basis for the motion is a conflict of interest that precludes further representation of the client as well as a break down in the client relationship that precludes further representation.  These are valid reasons for withdrawal.  (See Rules Prof. Conduct, rule 1.16.)  Accordingly, the Court grants the motion.

The Court notes that on November 23, 2022, a Final Status Conference was held.  During this hearing, the Court continued the Final Status Conference and Jury Trial for this case.  Thus, Counsel must revise and resubmit the proposed MC-053 to reflect the changes as noted. 

Counsel must serve the signed order (form MC-053), which shall include information about all future hearings and proceedings noticed by any party, or ordered by the Court, on Plaintiff and all other parties who have appeared in the action, within 10 days of the date of this Order, and file a proof of service of such.  Counsel will remain the attorney of record for Plaintiff until Counsel files the requisite proof of service.  (See Cal. Rules of Court, rule 3.1362(e).)