Xiomara Lemus v. Reut Ron Pagi MD Inc.

MOTION TO BE RELIEVED AS COUNSEL FOR PLAINTIFF XIOMARA LEMUS

 

MOVING PARTY: Jared W. Beilke and Karina Godoy (counsel for Plaintiff Xiomara Lemus)

RESPONDING PARTY(S): None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff Xiomara Lemus, a former medical assistant for Defendant Reut Ron Pagi MD, Inc., alleges she was unlawfully terminated after suffering a kidney infection. 

Attorneys Jared W. Beilke and Karina Godoy, counsel for Plaintiff, now move to be relieved as counsel. No opposition was filed.

TENTATIVE RULING:

Counsel’s Motion to be Relieved as Counsel for Plaintiff Xiomara Lemus is GRANTED.

Withdrawing counsel is ordered to give notice, per Order (MC-053), as well as this ruling.

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

Counsel filed Civil forms MC-051, MC-052, and MC-053.  Counsel served the moving papers on the client by email on May 22, 2025. (See Proof of Service.)  Counsel confirmed that the address is current within the last 30-days via telephone. (Form MC-052 ¶ 3(b).) 

In support of withdrawal, Counsel attests that there has been “an irreconcilable breakdown in the attorney-client relationship such that JML Law can no longer effectively represent Plaintiff’s interests.” (Form MC-052, ¶ 2.)  

Here, “good cause” has been adequately demonstrated by Counsel.  In addition, there is no obvious prejudice to the client or any other party if counsel is relieved at this time. No trial date has been set in this matter. 

Accordingly, Counsel’s Motion to be Relieved as Counsel for Plaintiff Xiomara Lemus is GRANTED.

IT IS SO ORDERED.

Dated:   June 17, 2025 ___________________________________