Judge: Michael E. Whitaker, Case: 20STCV24202, Date: 2023-02-03 Tentative Ruling

Case Number: 20STCV24202    Hearing Date: February 3, 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

            Joe Estrada (Counsel) moves to be relieved as counsel for Defendants Julio Hidalgo and Juan Hidalgo (collectively, Defendants).  

ANALYSIS

Counsel has filed forms MC-051 and MC-052.  The basis for the motions is the attorney-client relationship has reached the point where the clients have made it unreasonably difficult for counsel to carry out his obligations effectively.  This is a valid reason for withdrawal.  (See Rules Prof. Conduct, rule 1.16.) 

However, Counsel has not filed proofs of service establishing service of the MC-051,  MC-052 and MC-053 on Defendants as required.  (See Cal. Rules of Court, rule 3.1362, subd. (d) [“[t]he notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case”].)  Instead, the proofs of service indicate service of the “Motion to be Relieved as Counsel” regarding Defendants on Margaret K. Shelton and Brian Tapper. 

Further, Counsel has failed to lodge with the Court a copy of the proposed orders on form MC-053 as required.  (Cal Rules of Court, rule 3.1362.) 

The Court therefore denies the motions as procedurally defective.  Counsel is ordered to provide notice of the Court’s ruling and file a proof of service of such.