Judge: Michael E. Whitaker, Case: 21STCV46523, Date: 2023-04-04 Tentative Ruling

Case Number: 21STCV46523    Hearing Date: April 4, 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

Steven Trolard of Steven Trolard & Associates, PLC (Counsel) moves to be relieved as counsel for Defendants Joaquin Antonio Rodriguez and Christian Rodriguez, as well as Cross-Complainant Mayra N. Rodriguez (collectively, Clients).  

Preliminarily, the Court notes that Counsel filed a single motion to be relieved as counsel from all three Clients.  Instead, Counsel should have filed one motion as to each Client for a total of three motions.  The Court will therefore order Counsel to pay an additional $120 in filing fees, at $60.00 per filing fee.  (Gov. Code, § 70617, subd. (a).)

ANALYSIS

Counsel has filed forms MC-051 and MC-052 and has lodged with the Court the proposed order on form MC-053 as required.  (Cal Rules of Court, rule 3.1362.)  The basis for the motion is Counsel’s wife has undergone cancer removal surgery.  Counsel is his wife’s primary caregiver as she is home recovering which has caused Counsel extreme stress, health issues, and has made representation Clients in this case impossible.  This is a valid reason for withdrawal.  (See Rules Prof. Conduct, rule 1.16.)  Accordingly, the Court grants the motion.

Counsel shall file MC-053 for each Client, which shall include information about all future hearings and proceedings noticed by any party, or ordered by the Court, on or before April 10. 2023. 

After the Court approves the MC-053s, Counsel shall serve the MC-053 on each Client and all other parties who have appeared in the action, within 10 days of the date of the signed orders, and file proofs of service of such.  Counsel will remain the attorney of record for Clients until Counsel files the requisite proofs of service.  (See Cal. Rules of Court, rule 3.1362(e).)