Judge: Michael E. Whitaker, Case: 20STCV34556, Date: 2022-12-09 Tentative Ruling

Case Number: 20STCV34556    Hearing Date: December 9, 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

            Gerald L. Friend (Counsel) moves to be relieved as counsel for Plaintiff Mainor Alvarez (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.  (Cal Rules of Court, rule 3.1362.)  The basis for the motion is Plaintiff did not voluntarily consent to request to be relieved.  This is not a valid reason for withdrawal.  (See Rules Prof. Conduct, rule 1.16.) 

Accordingly, the Court denies the motion without prejudice.  Counsel shall provide notice of the Court’s ruling and file a proof of service regarding the same.