Judge: Michael E. Whitaker, Case: 20STCV00510, Date: 2023-01-23 Tentative Ruling

Case Number: 20STCV00510    Hearing Date: January 23, 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

MOTIONS

            Richard M. Foster (Counsel) moves to be relieved as counsel for Plaintiffs Shad Haynes and Kurstin Haynes (collectively, Plaintiffs).  

ANALYSIS

Counsel has filed forms MC-051 and MC-052 and has lodged with the Court a copy of the proposed orders on form MC-053 as required.  (Cal Rules of Court, rule 3.1362.)  The basis for the motions is a breakdown in communication with Plaintiffs and conflicts that have arisen affecting and preventing Counsel’s continued representation of Plaintiffs.  This is a valid reason for withdrawal.  (See Rules Prof. Conduct, rule 1.16.)  Accordingly, the Court grants the motions.

Counsel must serve the signed orders (form MC-053), which shall include information about all future hearings and proceedings ordered by the Court, on Plaintiffs and all other parties who have appeared in the action, within 10 days of the hearing, and file proofs of service of such.  Counsel will remain the attorney of record for Plaintiffs until Counsel files the requisite proofs of service. (See Cal. Rules of Court, rule 3.1362(e).)