Judge: Michael E. Whitaker, Case: 22STCV07910, Date: 2023-05-04 Tentative Ruling

Case Number: 22STCV07910    Hearing Date: May 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

            Bretil Beitmirza and Parham Nikfarjam, of the law firm Jacoby & Meyers (Counsel), move to be relieved as counsel for Plaintiffs Trenna Kertrall Jones as an individual, and as Guardian Ad Litem of JournellaPayge Saunderson, a minor (collectively, Plaintiffs).

Preliminarily, the Court notes that Counsel filed a single motion to be relieved as counsel from both Plaintiffs.  Instead, Counsel should have filed one motion as to each Plaintiff for a total of two motions.  The Court will therefore order Counsel to pay an additional $60 filing fee.  (Gov. Code, § 70617, subd. (a).)

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 as required.  (Cal Rules of Court, rule 3.1362.)  The basis for the motion is a breakdown in the attorney-client relationship and communications making it unreasonably difficult to carry out representation of Plaintiffs.  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 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, final status conference, order to show cause re: dismissal, and the hearing as set forth below.  The Court further orders Counsel to file a MC-053 form as to each individual Plaintiff.

Further, Counsel must serve the signed orders (form MC-053) within 10 days of the date of those orders, and file proofs 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 Plaintiff JournellaPayge Saunderson is a minor, who appears in this action via her GAL.  But the GAL cannot appear on behalf of Plaintiff, 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 June 30, 2023 at 8:30 A.M. in Department 32 regarding legal representation for Plaintiff Journella Payge Saunderson.

Further, the Court orders Counsel to pay the additional filing fee of $60 to the Clerk of the Court on or before May 18, 2023.