Judge Olivia Rosales, Case 20NWCV00592 2022-08-24 Tentative Ruling

Judge: Olivia Rosales, Case: 20NWCV00592, Date: 2022-08-24 Tentative Ruling

DEPARTMENT SE-C LAW & MOTION PROCEDURES ARE AS FOLLOWS: APPEARANCES: The Court will hear oral arguments on all matters at the scheduled time of hearing. If all counsel intend to submit on the Tentative Order and do not want oral argument, please advise the clerk, in Department “C”, by calling (562-345-3702). If all sides submit on the Tentative Order and the clerk is so advised, the Tentative Order will become the final order of the court and the prevailing party shall give written Notice of Ruling per CRC 3.1312. If the Moving and Responding parties do not agree to submit on the Tentative Order, the motion will be called as calendared for hearing. There is no need to contact Department “C”, as the matter will remain on calendar for hearing. If the Moving party does not call Department “C” to submit on the Tentative Order and there is no appearance by any party, then the motion(s), at the Court’s discretion, may be taken off calendar without ruling on the motion(s). ORDERS: The minute order reflecting the Court’s Order will constitute the final Order. No additional orders should be submitted to the Court for signature unless required by law or by the Court. Prevailing party shall give written Notice of Ruling per CRC 3.1312. Minute orders, which constitute the final Order of the Court, will only be sent to the parties via U.S. mail for the following: OSC re: sanctions, OSC re: contempt or matters taken under submission after oral arguments or briefing. Counsel or parties may request copies of all other minute orders/final orders either at the clerk’s office or in writing. If a request is in writing, a self-addressed stamped envelope and the appropriate fee for copies shall be submitted.

Case Number: 20NWCV00592 Hearing Date: August 24, 2022 Dept: SEC

MENDOZA v. CITY OF MAYWOOD, et al.

CASE NO.: 20NWCV00592

HEARING: 8/24/22 @ 1:30 PM

JUDGE: OLIVIA ROSALES

TENTATIVE RULING

Plaintiff’s counsel, DRE Law, APC’s motion to be relieved as counsel for L.A. Labs, Inc. is GRANTED. The order shall take effect when the proof of service of the signed order on the client has been filed with the court.

Moving Party to give NOTICE.

Plaintiff’s counsel, DRE Law, APC, moves to be relieved as counsel for L.A. Labs, Inc.

Good cause exists to grant the motion based on any of the grounds under Rules of Professional Conduct Rule 3-700(C). Rule 3-700(c) provides that an attorney may withdraw based on any of the following: (1) The client (a) insists upon presenting a claim or defense that is not warranted under existing law and cannot be supported by good faith argument for an extension, modification, or reversal of existing law, or (b) seeks to pursue an illegal course of conduct, or (c) insists that the member pursue a course of conduct that is illegal or that is prohibited under these rules or the State Bar Act, or (d) by other conduct renders it unreasonably difficult for the member to carry out the employment effectively, or (e) insists, in a matter not pending before a tribunal, that the member engage in conduct that is contrary to the judgment and advice of the member but not prohibited under these rules or the State Bar Act, or (f) breaches an agreement or obligation to the member as to expenses or fees. (2) The continued employment is likely to result in a violation of these rules or of the State Bar Act; or (3) the inability to work with co-counsel indicates that the best interests of the client likely will be served by withdrawal; or (4) The member's mental or physical condition renders it difficult for the member to carry out the employment effectively; or (5) The client knowingly and freely assents to termination of the employment; or (6) The member believes in good faith, in a proceeding pending before a tribunal, that the tribunal will find the existence of other good cause for withdrawal.

The attorney declaration demonstrates good cause for withdrawal based on a breakdown in the attorney-client relationship. The client was served by mail at its last known address, which was confirmed to be current within the past 30 days.

Accordingly, the motion is GRANTED. The order shall take effect when the proof of service of the signed order on the client has been filed with the court.