Tentative Ruling

Calendar: 3

Date: 05/02/2025

Case No. 22 GDCV00948 Trial Date: September 15, 2025  

Case Name: Simonian v. Ross Dress For Less, et al. 

MOTION TO BE RELIEVED AS COUNSEL

Moving Party: Martinian Lawyers, Inc. 

Name of Client: Plaintiff Rita Simonian  (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, irreconcilable differences making it unreasonably difficult for the attorney to carry out effective representation   

DECLARATION BY MOVING ATTORNEY:

 Reasons why motion is necessary:    Yes 

 Address recently confirmed (within last 30 days)

  By email     

PROPOSED ORDER:

Address and phone number of client set forth:   Yes    

Proper warning : Yes  

Future dates filled in:    Incomplete  

ANALYSIS:

The proposed order is not complete. The court orders it to be modified before the order is signed.   

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

At paragraph 8, counsel has failed to include as an additional hearing on this matter the Final Status Conference currently scheduled for September 4, 2025, at 9:00 a.m. in this department.     

Counsel is ordered to modify the order before the motion is 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 proof of service of the signed order upon the 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 8, the Order will indicate there is a Final Status Conference currently scheduled in this matter on September 4, 2025, at 9:00 a.m. in this department.     

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 

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