Judge Peter A. Hernandez, Case Number: 23PSCV00397, Date: 2023-07-10 Tentative Ruling

Judge: Peter A. Hernandez, Case: 23PSCV00397, Date: 2023-07-10 Tentative Ruling

Case Number: 23PSCV00397 Hearing Date: July 10, 2023 Dept: K

Counsel for Plaintiff Maria Salud Zepeda Pedrizco’s (i.e., Wilshire Law Firm) Motion to be

Relieved as Counsel is GRANTED, effective upon the filing of the proof of service showing

service of the signed order upon the Client at the Client’s last known address, return

receipt requested.

Background

Plaintiff Maria Salud Zepeda Pedrizco (“Plaintiff”) alleges as follows: On February 11, 2021, Plaintiff sustained injuries in a trip and fall.

On February 9, 2023, Plaintiff filed a complaint, asserting causes of action against Defendants Fresenius Kidney Care (“FKC”), Fresenius Medical Care Holdings, Inc. (“FMCH”), Garey Dialysis Center Partnership, RAI Care Centers of Southern California I, LLC (“RAI”) and Does 1-50 for:

1. Negligence

2. Premises Liability

On April 5, 2023, Plaintiff dismissed FKC, FMCH and RAI, without prejudice.

A Case Management Conference is set for July 10, 2023.

Discussion

The Wilshire Law Firm (“Firm”) seeks to be relieved as counsel of record for Plaintiff (“Client”).

The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398.)

California Rule of Court (“CRC”) Rule 3.1362 requires (1) a notice of motion and motion 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 Code of Civil Procedure § 284(2) is brought instead of filing a consent under section 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, the declaration, and the proposed order on the client and on all other parties who have appeared in the case; and (4) a proposed order relieving counsel (prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel—Civil form (MC-053)). The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court.

Attorney Hazel Chang (“Chang”) represents that there has been a “[b]reakdown in [the] attorney-client relationship due to [an] inability to communicate with [the] client” and that Firm is “no longer able to locate [the] client and effectively prosecute the action.”

Chang states that she has been unable to confirm that the Client’s address is current or to locate a more current address for the Client after making the following efforts: (1) mailing the motion papers to the Client’s last known address, return receipt requested, (2) calling the Client’s last known telephone number(s) and (3) hiring a private investigatory to locate the Client.

The court determines that the requirements of Rules of Court Rule 3.1362 enumerated above have been sufficiently met.

Accordingly, the motion is granted, effective upon the filing of the proof of service showing service of the signed order upon the Client at the Client’s last known address, return receipt requested.