Judge: Peter A. Hernandez, Case: 24STCV07163, Date: 2024-11-27 Tentative Ruling

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Case Number: 24STCV07163    Hearing Date: November 27, 2024    Dept: 34

Jorge Ruiz v. Prestige Media Group, Inc. (24STCV07163)

Defendant’s Counsel Thomas S. Carter’s Motion to be Relieved as Counsel is GRANTED, effective upon the filing of proof of service showing service of the signed order.

Background

On March 21, 2024, Plaintiff Jorge Ruiz (“Plaintiff”) filed a complaint against Defendant Prestige Media Group, Inc. (“Defendant”) and Does 1-10 arising from Plaintiff’s employment with Defendant alleging causes of action for:

1.           Retaliation (Labor Code § 98.6);

2.           Retaliation (FEHA);

3.           Wrongful Termination;

4.           Failure to Produce Employment Records; and

5.           Failure to Produce Wage Statements.

On April 29, 2024, Defendant filed an answer to Plaintiff’s complaint.

On October 25, 2024, Defendant’s counsel, Thomas S. Carter (“Counsel”), filed: (1) MC-051, Motion to be Relieved as Counsel; (2) MC-052, Declaration; (3) MC-053, Proposed Order; and (4) Proof of Service.

No opposition or other response has been filed. 

Legal Standard

“The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: 1. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; 2. Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.” (Code Civ. Proc., § 284.)

An attorney moving to be relieved as counsel under California Code of Civil Procedure section 284(2) must meet the requirements set out in California Rules of Court, rule 3.1362.

To comply with rule 3.1362, the moving party must submit the following forms: (1) Notice of Motion and Motion to be Relieved as Counsel; (2) Declaration in Support of Attorney's Motion to be Relieved as Counsel; and (3) Order Granting Attorney's Motion to be Relieved as Counsel. (Cal. Rules of Court, rule 3.1362(a), (c), (e).)

The moving party must serve the aforementioned forms on the client and all other parties who have appeared in the case. (Cal. Rules of Court, rule 3.1362(d).) Further, when the client is served by mail, the attorney's declaration must show that the client's address was confirmed within the last 30 days and how it was confirmed. (Ibid.) 

Absent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted.  (People v. Prince (1968) 268 Cal.App.2d 398, 406.)

Discussion

Counsel’s Motion to be Relieved as Counsel complies with all of the requirements of California Rules of Court, rule 3.1362, in that Counsel provided notice of motion and motion to be relieved as counsel; proposed order granting attorney’s motion to be relieved as counsel; and declaration in support of the motion to be relieved as counsel.

            The declaration states that a breakdown in communication has occurred between Counsel and Defendant which renders effective representation impossible. (MC-052, ¶ 2.) Additionally, on August 19, 2024, Counsel informed Defendant that they should seek a new attorney since Defendant would not be able to represent itself as they are a corporation. (Carter Decl., ¶ 3.) Counsel declares to have received minimal responses from Defendant with communication ceasing entirely on September 26, 2024. (Id., ¶ 4.)

            The court determines that the requirements of Rules of Court Rule 3.1362 enumerated above have been sufficiently met and will grant the requested withdrawal.

Conclusion