Judge: Michael E. Whitaker, Case: 20STCV29580, Date: 2022-10-27 Tentative Ruling

Case Number: 20STCV29580    Hearing Date: October 27, 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

            The Legal Offices of David Grey (Counsel) moves to be relieved as counsel for Plaintiff Angel Anthony Garcia, a minor (Plaintiff), by and through his Guardian Ad Litem, Jovita Arroya (GAL).  

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 which prevent counsel from being able to effectively represent Plaintiff.  This is a valid reason for withdrawal.  (See Rules Prof. Conduct, rule 1.16.)  Accordingly, the Court grants the motion.

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 hearing as set forth 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 is a minor, who appears in this action via his GAL.  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 January 12, 2023 at 8:30 A.M. regarding legal representation for Plaintiff.