Judge: Michael E. Whitaker, Case: 21STCV34926, Date: 2023-05-02 Tentative Ruling

Case Number: 21STCV34926    Hearing Date: May 2, 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

            Robert Kahn of Robert Kahn Law (“Counsel”) moves to be relieved as counsel for Plaintiffs Martha Cueva and Sophia Cueva by and through her guardian ad litem, Martha Cueva (collectively, “Plaintiffs”).

            The Court notes that Counsel has filed forms MC-051, MC-052, and MC-053 per California Rules of Court, Rule 3.1362. (Cal. Rules of Court, 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.)  Accordingly, the Court grants the motion.

            However, the Court finds that the proposed order (MC-053) is incomplete and contains errors.  Consequently, the Court orders Counsel to file within 5 calendar days of the hearing an amended form MC-053 which shall include current information about all future hearings and proceedings noticed by any party, or ordered by the Court including but not limited to the trial,  final status conference and the status conference referenced below. 

            Further, Counsel must serve the signed order (MC-053) within 10 calendar days of the date of the order, and file a proof of service of such.  Counsel will remain the attorney of record for Plaintiffs until Counsel files the requisite proof of service.  (See Cal. Rules of Court, rule 3.1362(e).)

Further, the Court notes that Sophia Cueva is a minor, who appears in this action through the Guardian Ad Litem (GAL), Martha Cueva.  But the GAL cannot appear on behalf of the minor, who will be a self-represented litigant, as that would constitute the unauthorized practice of law.  (See J.W. v. Superior Court (1993) 17 Cal.App.4th 958, 964.)  The Court therefore sets a Status Conference for July 7, 2023 at 8:30 A.M. in Department 32 regarding legal representation for Sophia Cueva.