Judge: Peter A. Hernandez, Case: 23STCV07455, Date: 2024-10-04 Tentative Ruling

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Case Number: 23STCV07455    Hearing Date: October 4, 2024    Dept: 34

Miriam Ramirez v. California Partners, et al. (23STCV07455)

Counsel for Plaintiff Miriam Ramirez’s (i.e., Friedman & Chapman, LLP) Motion to be Relieved as Counsel is GRANTED, effective upon the filing of a proof of service showing

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

Background

Plaintiff Miriam Ramirez (“Plaintiff”) leased an apartment from Defendant California Partners (“Defendant”) located at 1901 W. 6^th Street, Los Angeles, CA 90057. Plaintiff sustained damages from various defects on the property which Defendant failed to cure.

On April 4, 2023, Plaintiff filed a complaint asserting causes of action against Defendant and Does 1-50 for:

1.               Breach of Implied Warranty of Habitability;

2.               Breach of Statutory Warranty of Habitability;

3.               Breach of the Covenant of Quiet Enjoyment;

4.               Negligence;

5.               Violation of Civil Code § 1942.4;

6.               Private Nuisance; and

7.               Violation of Tenant Anti-Harassment Ordinance.

On July 14, 2023, Plaintiff filed a first amended complaint for the same causes of action.

On October 12, 2023, Defendant filed a cross-complaint against Plaintiff.

On August 7, 2024, Plaintiff’s counsel filed this Motion to be Relieved as Counsel.

Legal Standard

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 Rules 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.

Discussion

Friedman & Chapman, LLP (“Firm”) seeks to be relieved as counsel of record for Plaintiff (“Client”).

Attorney Geoffrey A. Bowen (“Bowen”) represents that Firm is having difficulty communicating with Client as she has become unresponsive. (Bowen Decl., ¶¶ 2-3.) Bowen represents that the Firm’s office staff has attempted to contact Client repeatedly by telephone, text, and mail since mid-June of 2024 to communicate a settlement offer and follow-up on a signed settlement release. (Id., ¶ 3.) Bowen states the multiple occasions office staff attempted to reach Client and Client’s failure to contact the Firm. (Id., ¶¶ 4-14.)

Bowen declares that Client was served by mail of this Motion on August 7, 2024 to her last known address. (Id., p. 1.) Proof of service of this motion on Defendant was also provided.

The Court determines that the requirements of Rules of Court Rule 3.1362 enumerated above

have been sufficiently met.

Conclusion

Counsel for Plaintiff Miriam Ramirez’s (i.e., Friedman & Chapman, LLP) Motion to be Relieved as Counsel is GRANTED, effective upon the filing of a proof of service showing

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