Judge: Michelle C. Kim, Case: 23STCV22231, Date: 2024-09-17 Tentative Ruling

Case Number: 23STCV22231    Hearing Date: September 17, 2024    Dept: 78

I.         BACKGROUND

Plaintiff Marcos Tamayo Hernandez  (“Plaintiff”) filed this action against Defendants Dublin’s 815 LLC, Mark Moss, and Rudy Rosas (collectively, “Defendants”) and DOES 1 through 100 premised upon thirteen causes of action ranging from sexual harassment to unfair competition.

On July 8, 2024, Defendants’ counsel filed the instant Motion to be Relieved as Counsel.

As of September 11, 2024, no opposition has been filed. 

A.    Moving Argument

            Defendants’ counsel, Law Offices of JT Fox, APC seeks to be relieved as counsel because of a breakdown between attorney-client relationship.

B.    Opposing Argument

            None filed.

C.    Reply Argument

None filed.

II.        MOTION TO BE RELIEVED AS COUNSEL

A.    Legal Standard

            CRC, Rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to Be Relieved as

            Counsel—Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under CCP § 284(2) is brought instead of filing a consent under CCP § 284(1) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel—Civil form (MC-053)).

B.    Discussion

Merits

            Counsel has complied with CRC, Rule 3.1362. Here, Counsel filed the required forms. Moreover, Counsel stated that there was a “breakdown of attorney-client relationship”. (Fox Decl. ¶ 2.) Trial is scheduled for March 17, 2025, and a Final Status Conference is scheduled for March 3, 2025; therefore, it is unlikely that Defendants will suffer prejudice from the withdrawal. Notably, Defendants did not file an opposition. 

IV. CONCLUSION

Counsel’s Motion to be Relieved as Counsel is GRANTED.

Moving Party is ordered to give notice.

DATED: September 16, 2024

__________________________

Hon. Michelle C. Kim

Judge of the Superior Court

PLEASE TAKE NOTICE:

•           Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.

•           If a party intends to submit on this tentative ruling, the party must send an email to the court at SMCDEPT78@lacourt.org with the Subject line “SUBMIT” followed by the case number. The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

•           Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument. You should assume that others may appear at the hearing to argue.

•           If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court. After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.