Judge: Michael E. Whitaker, Case: 19STCV01897, Date: 2022-12-08 Tentative Ruling

Case Number: 19STCV01897    Hearing Date: December 8, 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 

Anthony Werbin of Downtown L.A. Law Group (“Counsel”) moves to be relieved as counsel for Plaintiffs Elisha Oliver (“Oliver”) and Willie Brown (“Brown”) (collectively “Plaintiffs”).

ANALYSIS 

As a preliminary matter, the Court notes that Counsel seeks to be relieved as counsel for two separate clients. Therefore, Counsel should have filed two separate motions and paid two filing fees. The Court therefore will order Counsel to pay an additional $60 in filing fees.  (Gov. Code, § 70617, subd. (a).) 

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 breakdown in attorney-client communication. This is a valid reason for withdrawal. (See Rules Prof. Conduct, rule 1.16.) Accordingly, the Court grants the motion. 

Notwithstanding, the Court notes that the information contained in proposed order (form MC-053) is not current.  In particular, the Court notes that the two Order to Show Cause hearings set for December 21, 2022 are not reflected in the proposed order. 

Therefore, Counsel shall lodge on or before December 15, 2022 for the Court’s review and approval revised MC-053s for each plaintiff which provides all requisite information, including future hearings and proceedings noticed by any party, or ordered by the Court.  Upon approval of the MC-053s by this Court, Counsel must serve the signed orders on Plaintiffs and all other parties who have appeared in the action, within 10 days of the date of the Orders, and file  proofs 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).)