DUE TO THE COURT’S SCHEDULING ISSUES, THE CALENDAR WILL START AT 8:30 A.M. AND WILL RECESS AT 9:30 A.M.  WHATEVER MATTERS HAVE NOT BEEN CALLED WILL TRAIL TO THE 1:30 P.M.  

TENTATIVE RULING

Calendar: 7

Date: 10/18/2024

Case No. 22 GDCV00761 Trial Date: April 21, 2025  

Case Name: Whaling, et al. v. FCA US LLC 

MOTION TO BE RELIEVED AS COUNSEL

Moving Party: Quill & Arrow, LLP

Name of Client: Plaintiffs Kevin B. Gipson and Brittney Whaling (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:

Deterioration of attorney-client relationship, failure of communication  

DECLARATION BY MOVING ATTORNEY:

 Reasons why motion is necessary:    ok 

 Address recently confirmed (within last 30 days)

  By telephone     

PROPOSED ORDER:

Address and phone number of client set forth:   No phone numbers   

Proper warning : Yes  

Future dates filled in:    Yes   

ANALYSIS:

Specifically, the attorney has failed to check a box at paragraph 5. The attorney is ordered to check box 5b, in effect, specifying that the attorney will be relieved as attorney of record effective upon the filing of proof of service of the signed order upon the clients. 

At paragraph 6, counsel has failed to include the clients’ current telephone numbers.  This information is necessary for the court and other parties to be able to contact the clients once counsel withdraws.  

Counsel is ordered to modify the order before the motion will be granted. 

Once the order is modified, the court will sign the order, and the attorney will be relieved as attorney of record effective upon the filing of proofs of service of the signed orders upon each client.

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 with the following modifications: (1) in paragraph 5a, the Order will indicate it becomes effective upon the filing of the proof of service of the signed order upon the client; and (2) in paragraph 6, the Order will include each client’s current telephone number. 

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

 DEPARTMENT D IS CONTINUING TO CONDUCT AND ENCOURAGE 

AUDIO OR VIDEO APPEARANCES

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