TENTATIVE RULING

Calendar: 4

Date: 11/3/2023

Case No. 22 GDCV00912 Trial Date: None Set  

Case Name: W.B. v. Doe 1 

MOTION TO BE RELIEVED AS COUNSEL

Moving Party: Slater Slater Schulman LLP 

Name of Client: Plaintiff W.B.   (No Opposition)  

RELIEF REQUESTED:

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

GROUNDS FOR MOTION:

Counsel has reached an impasse with client regarding representation in this litigation that cannot be reconciled.  Specific facts required to be kept confidential.   

DECLARATION BY MOVING ATTORNEY:

 Reasons why motion is necessary:    Yes  

 Address recently confirmed (within last 30 days)

  By telephone    

PROPOSED ORDER:

Address and phone number of client set forth:   Yes  

Proper warning: Yes  

Future dates filled in:    Incomplete  

ANALYSIS:

The proposed order originally lodged and served with the motion became outdated because after it was lodged and served, the court conducted a Case Management Conference on October 23, 2023, which was originally designated as the next scheduled hearing in the action on that order.  

On October 25, 2023, counsel lodged and served an Amended Order, which replaces the previous date for the next scheduled hearing with the new date which was set at the Case Management Conference. 

The Amended Order indicates at paragraph 7b that the next scheduled hearing will concern “Case Management Conference; Order to Show Cause.”  The court is concerned that plaintiff or any attorney plaintiff should retain in the future should be given notice that the Order to Show Cause is one “Re Why Sanctions Should Not Be Imposed Failing to File Proof of Service Per CRC 3.110 (b) and (f), or in alternative an Order for Publication.”  

The court accordingly orders current counsel to modify the Amended Order to include this language before the motion will be granted. 

RULING:

[No Opposition]

UNOPPOSED Motion to be Relieved as Counsel is GRANTED. 

The Court will sign the proposed Amended Order Granting Attorney’s Motion to be Relieved as Counsel-Civil, received by the Court on October 25, 2023, with the following modification:  In paragraph 7b of the Order, the words “Order to Show Cause” will be followed by “Re Why Sanctions Should Not Be Imposed Failing to File Proof of Service Per CRC 3.110 (b) and (f), or in alternative an Order for Publication.”  

  

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 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.