Judge: Michael E. Whitaker, Case: 21STCV29368, Date: 2022-09-30 Tentative Ruling

Case Number: 21STCV29368    Hearing Date: September 30, 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

            Cohen & Marzban, Law Corporation (“Counsel”) moves to be relieved as counsel of record for Plaintiff Erica Cueva Hernandez.

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 that differences of opinion regarding the handling of this action have arisen such that Counsel is unable to effectively represent Plaintiff.  This is a valid reason for withdrawal.  (See Rules Prof. Conduct, rule 1.16.) 

While the Court is inclined to grant the motion, the Court notes that Counsel has failed to set forth Plaintiff’s telephone number in item 6 of form MC-053.  Counsel has also failed to indicate that an Order to Show Cause Re: Dismissal is set for August 5, 2024 in both item 5 of form MC-052 and item 8 of form MC-053. Accordingly, Counsel is ordered to submit an amended form MC-053 correcting the above-identified issues.

Further, Counsel must serve a signed order (form MC-053), which shall include information about all future hearings and proceedings noticed by any party, or ordered by the Court, 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).)