Judge: Michael E. Whitaker, Case: 21STCV20322, Date: 2023-03-30 Tentative Ruling

Case Number: 21STCV20322    Hearing Date: March 30, 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

            Joseph Vaysman of M & Y Personal Injury Lawyers (“Counsel”) moves to be relieved as counsel for Plaintiff Jonathan Scott Gazzola (“Plaintiff”).

            The Court notes that Counsel has filed forms MC-051, MC-052 and MC-053 per California Rules of Court, rule 3.1362. (CRC, Rule 3.1362.)  The basis for the motion is a breakdown in the attorney-client relationship. This is a valid reason for withdrawal. (See Rules Prof. Conduct, rule 1.16.)  Thus, the Court grants the motion. 

            However, Counsel has not identified all upcoming hearings or proceedings in this matter on the MC-053.  In particular, Counsel has listed the April 25, 2023 discovery motion hearings and the August 17, 2023 trial date but has failed to include the August 3, 2023 Finial Status Conference.  Counsel shall file a revised MC-053, which shall include information about all future hearings and proceedings noticed by any party, or ordered by the Court, on or before April 6, 2023. 

After the Court approves the revised MC-053, Counsel shall serve the MC-053 on Plaintiff and all other parties who have appeared in the action, within 10 days of the date of the signed 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).)