Judge: Michael E. Whitaker, Case: 22STCV04537, Date: 2023-05-08 Tentative Ruling

Case Number: 22STCV04537    Hearing Date: May 8, 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

            Attorney Aimee E. Kirby of the Dolan Law Firm, P.C. (Counsel) moves to be relieved as counsel for Plaintiff Adelmo Rivera (Plaintiff).  

ANALYSIS

            Counsel has filed forms MC-051 and MC-052 and has lodged with the Court copies of the proposed order on form MC-053 as required.  (Cal Rules of Court, rule 3.1362.)  Counsel state that there has been a complete breakdown in the client/attorney communications such that Counsel can no longer ethically represent client.  (See  MC-052.)  The Court finds that these are valid reasons for the 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 should  include information about all future hearings and proceedings noticed by any party, or ordered by the Court including but not limited to the trial and final status conference. 

            Further, Counsel must serve the signed order (MC-053) within 10 days of the date of the order is signed by the Court 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).)