Judge: Michael E. Whitaker, Case: 21STCV31328, Date: 2023-04-26 Tentative Ruling

Case Number: 21STCV31328    Hearing Date: April 26, 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

            Mohamed Eldessouky of Eldessouky Law, APC (Counsel) moves to be relieved as counsel for Plaintiff Lisseth Cardenas (Plaintiff).  The motion is unopposed.

ANALYSIS

            Counsel has filed forms MC-051 and MC-052 and has lodged with the Court copy of the proposed order on form MC-053 as required.  (Cal Rules of Court, rule 3.1362.)  The basis for the motion is a mandatory withdrawal under the California Rules of Professional Conduct.  In particular, Counsel declares:  “In accordance with the Ethics Rules (California Rules of Professional Conduct) my withdrawal is mandatory but I have been unable to obtain a signed Substitution of Attorney. I confirmed the application of the Rules independently and with the State Bar Ethics hotline.”  (See MC-052.)  This is a valid reason for withdrawal.  (See Rules Prof. Conduct, rule 1.16.)  Accordingly, the Court grants the motion.

            The Court further orders Counsel to resubmit form MC-053 to reflect the following additional hearings: (1) Final Status Conference on November 20, 2023, and (2) Order to Show Cause Re: Dismissal on August 20, 2024.

            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, 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).)