Judge: Michael E. Whitaker, Case: 19STCV42599, Date: 2023-04-27 Tentative Ruling

Case Number: 19STCV42599    Hearing Date: April 27, 2023    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

            Raymond Ghermezian (Counsel) moves to be relieved as counsel for Plaintiff Layla Tafoya, a minor (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 irreconcilable differences of opinion leading to a complete breakdown in the attorney-client relationship.  This is a valid reason for withdrawal.  (See Rules Prof. Conduct, rule 1.16.)  Accordingly, the Court grants the motion.

The Court orders Counsel file for the Court’s approve an updated MC-053 with the following future hearings: (1) Hearing on Motion to Compel Plaintiff’s Attendance and Testimony at Deposition on July 21, 2023; (2) Hearing on Motion to Compel Discovery on September 25, 2023; (3) Hearing on Motion to Compel Plaintiff’s Attendance and Testimony at Deposition on September 26, 2023; (4) Final Status Conference on November 15, 2023; and (5) Jury Trial on November 29, 2023.

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 (including the hearings as set forth above and below), 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).) 

Further, the Court notes that Plaintiff Layla Tafoya is a minor, who appears in this action through the Guardian Ad Litem (GAL), Ashley Esquivel.  But the GAL cannot appear on behalf of Plaintiff, who will be a self-represented litigant, as that would constitute the unauthorized practice of law.  (See J.W. v. Superior Court (1993) 17 Cal.App.4th 958, 964.)  The Court therefore sets a Status Conference for June 15, 2023 at 8:30 A.M. in Department 32 regarding legal representation for Plaintiff Layla Tafoya.