Judge: Michael E. Whitaker, Case: 21STCV39453, Date: 2023-02-09 Tentative Ruling

Case Number: 21STCV39453    Hearing Date: February 9, 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

             Michael A. Greene of Kaiman, Greene & Associates (“Counsel”) moves to be relieved as counsel for Plaintiff Alan Viveros (“Plaintiff”).  

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 a breakdown in the attorney-client relationship that makes it impossible for Counsel to continue effectively representing the Plaintiff in this matter.  This is a valid reason for withdrawal.  (See Rules Prof. Conduct, rule 1.16(b)(4).) 

Counsel has also filed a proof of service of the notice of motion and motion to be relieved as counsel, declaration, and proposed order on the client, as required by California Rules of Court, rule 3.1362(d).  (Proof of Service, filed December 19, 2022.)  Therefore, the Court grants Counsel’s motion to be relieved. 

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).)