Judge: Michael E. Whitaker, Case: 21STCV05930, Date: 2023-01-17 Tentative Ruling

Case Number: 21STCV05930    Hearing Date: January 17, 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

            James W. Gates of the Law Offices of Schneider, Holtz & Hutchinson (Counsel) moves to be relieved as counsel for Plaintiffs Steven Fein and Sheila Fein (collectively, Plaintiffs).   

ANALYSIS

            Counsel has filed forms MC-051 and MC-052 and has lodged with the Court copies of the proposed order on forms MC-053 as required.  (Cal Rules of Court, rule 3.1362.)  The basis for the motion is professional considerations which have led the Law Offices of Schneider, Holtz and Hutchison to determine that it could no longer represent Plaintiffs and act as their attorneys within the lawsuit.  This is a valid reason for withdrawal.  (See Rules Prof. Conduct, rule 1.16.)  Accordingly, the Court grants the motions.

            The Court further orders Counsel to resubmit forms MC-053 to reflect the following upcoming hearings (1) Final Status Conference on May 16, 2023, (2) Non-Jury Trial on May 31, 2023,  (3) Hearing on Motion for Summary Judgment, and (4) Order to Show Cause Re: Dismissal.   

            Counsel must serve the signed orders (form MC-053), which shall include information about all future hearings and proceedings noticed by any party, or ordered by the Court, on Plaintiffs and all other parties who have appeared in the action, within 10 days of the date of this Order, 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).)