TENTATIVE RULING

Calendar: 3

Date: 12/1/2023

Case No. 22 GDCV00734 Trial Date: None Set  

Case Name: Rodriguez v. Target Corporation  

MOTION TO BE RELIEVED AS COUNSEL

Moving Party:     Avrek Law Firm

Name of Client:   Plaintiff Maria Chavez Rodriguez (No Opposition)  

Correct address in proof of service?   

 Client: ok   

 Other parties: ok 

16/+5 day lapse? ok   

RELIEF REQUESTED:

Order permitting attorney to be relieved as attorney of record in this action 

GROUNDS FOR MOTION:

Conflict of interest has recently arisen, breakdown of attorney-client relationship 

DECLARATION BY MOVING ATTORNEY:

 Reasons why motion is necessary:    Yes 

 Address recently confirmed (within last 30 days)

  By telephone   

PROPOSED ORDER:  (Order received 11/3/2023) 

Address and phone number of client set forth:  Yes   

Proper warning: Yes  

Future dates filled in:    Incorrect date  

ANALYSIS:

Counsel has submitted two proposed orders, one received on 9/1/2023, and one received on 11/3/2023, evidently after a Case Management Conference had been conducted in the case which resulted in a change in the future dates. 

The Order received on November 3, 2023 will be designated the “First Amended” Order.   

That order indicates at paragraph 7(a) that the next scheduled hearing in this action is a Continued Case Management Conference set for March 4, 2024.  The file shows, however, that the Continued Case Management Conference, according to the court docket and the court’s minute order of November 2, 2023, is set for March 5, 2024. 

Counsel is ordered to correct the order to reflect the appropriate date before the motion will be granted and the order will be signed. 

RULING:

[No Opposition]

UNOPPOSED Motion to be Relieved as Counsel is GRANTED. 

The Court will sign the proposed Order Granting Attorney’s Motion to be Relieved as Counsel-Civil which was received by the Court on November 3, 2023, with the following modifications:  (1) in the box setting forth the title of the document, the Order shall be designated the “First Amended” Order; and (2) in paragraph 7(a) the Order will be corrected to indicate that the next scheduled hearing is set for March 5, 2024, not March 4, 2024.  

As so modified, the Court will sign the First Amended Order and counsel will be relieved effective upon the efiling of the proof of service of the signed First Amended Order upon the client. 

 DEPARTMENT D IS CONTINUING TO CONDUCT AND ENCOURAGE 

AUDIO OR VIDEO APPEARANCES

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If no appearance is set up through LACourtConnect, or no appearance is otherwise made, then the Court will assume the parties are submitting on the tentative.