Karen Martinez v. Yum Yum Donut Shops, Inc., et al.

MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANT FRANCISCO NAVICHOQUE

 

MOVING PARTY: Bruce Karey (counsel for Defendant Francisco Navichoque)

RESPONDING PARTY(S): None 

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

This is an employment case.  Plaintiff Karen Martinez brings this action against her former employers Yum Yum Donut Shops, Inc., Yum Yum Donuts #9252, Yum Yum Donuts #9508, and her former supervisor, Defendant Francisco Navichoque.  While working for Defendants as a cashier at the La Mirada location, Plaintiff alleges Defendant Navichoque subjected her to a sexually-hostile work environment, resulting in her constructive termination. Plaintiff then gained employment at different Yum Donuts store located in Whittier. Plaintiff alleges that she was immediately terminated from her employment at the Whittier Location after she reported the actions of Defendant Navichoque. 

Bruce Karey, counsel for Defendant Francisco Navichoque, now moves to be relieved as counsel. The motion is unopposed.

TENTATIVE RULING:

Counsel’s Motion to Be Relieved as Counsel for Defendant Navichoque is TAKEN OFF CALENDAR on the Court’s own motion.

Moving party to give notice, unless waived.  

DISCUSSION:

Motion to be Relieved as Counsel

A. Legal Standard

For a motion to be relieved as counsel under CCP section 284, subdivision¿(2), California Rules of Court rule 3.1362 requires (1) a notice of motion and motion directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel – Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under CCP section 284(2) is brought instead of filing a consent under CCP section¿284(1) (made on the Declaration in Support of Attorney’s Motion to Be Relieved as Counsel – Civil form (MC-052)); (3) service of the notice of motion and motion, declaration, and proposed order on the client and on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney’s Motion to be Relieved as Counsel – Civil form (MC-053)).¿ (Cal. Rules of Court, rule 3.1362.)¿

The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice.  (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)

B. Analysis

While Counsel’s motion appears to contain the requisite information, Counsel has not filed Civil forms MC-051, MC-052, and MC-053. These forms are mandatory. (See Cal. Rules of Court, rule 3.1362;  see also, the lower left hand corner of each form, which states “FOR MANDATORY USE.”)  Hence, this Court does not have the required jurisdiction to hear this motion at this time.

Of course, counsel is free to either file a Substitution of Attorney (if possible) or simply re-file this motion by utilizing the mandatory forms.  The forms can be accessed and downloaded at courts.ca.gov/forms.

IT IS SO ORDERED.

Dated:   March 15, 2023 ___________________________________

Randolph M. Hammock

Judge of the Superior Court

Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept49@lacourt.org by no later than 4:00 p.m. the day before the hearing.  All interested parties must be copied on the email.  It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.