Judge: Robert S. Draper, Case: 20STCV09639, Date: 2023-02-15 Tentative Ruling

Case Number: 20STCV09639    Hearing Date: February 15, 2023    Dept: 78

Superior Court of California 

County of Los Angeles 

Department 78 

Attorneys Michael Dawe and Brian D. Cronin’s Motion to be Relieved as Counsel for Defendants Direct Therapy S&P Corporation and Isaac Archer is GRANTED.

Factual background

This is action for wrongful discharge. The Complaint alleges as follows. Plaintiff Irma Rodriguez (“Rodriguez”) was employed by defendant Direct Therapy S&P, Corporation (“DT”) as a speech therapist for children. (Compl. ¶ 8.) DT scheduled Rodriguez’s home therapy appointments very close together, such that she did not have sufficient travel time between appointments and was frequently late. (Ibid.) The heavy scheduling caused stress and anxiety that aggravated her depression and anxiety. (Ibid.) She wrote to DT management by text about this issue on October 18, 2019, and DT terminated Rodriguez on October 19, 2019. (Compl. ¶¶ 10-11.)

PROCEDURAL HISTORY 

On March 10, 2020, Rodriguez filed the Complaint asserting five causes of action:

1.    Wrongful Discharge in Violation of FEHA;

2.    Wrongful Discharge in Violation of Public Policy;

3.    Failure to Engage in a Timely Good Faith Interactive Process;

4.    Failure to Produce a Complete Personnel File; and

5.    Failure to Produce all Itemized Wage Statements.

On May 11, 2020, DT filed a Motion to Compel Arbitration. That Motion was granted.

On February 7, 2022, Rodriguez filed an Ex Parte Application to Lift Arbitration Stay and for an Order Scheduling a Jury Trial.

On February 9, 2022, the Court granted Rodriguez’s Ex Parte Application.

On August 9, 2022, Rodriguez filed the operative First Amended Complaint, adding four causes of action for Violation of the Comprehensive Computer Data Access and Fraud Act, Violation of the Computer Fraud and Abuse Act, Violation of the Electronic Communications Privacy Act of 1986, and Invasion of Privacy.

On September 12, 2022, DT filed an Answer.

On October 14, 2022, Defendant Isaac Archer (“Archer”) filed an Answer.

On December 5, 2022, Attorneys Michael Dawe (“Dawe”) and Michael D. Cronin (“Cronin”) filed the instant Motion to be Relieved as Counsel as to Defendants Archer and DT.

No Opposition has been filed.

DISCUSSION 

Attorneys Michael Dawe and Michael D. Cronin move to be relieved as counsel for Defendants Direct Therapy S&P Corporation and Isaac Archer.  

California Rule of Court rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be 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 Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure 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 and declaration 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)). 

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. (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) 

Here, Dawe and Cronin have satisfied the requirements of rule 3.1362. In his declaration, Cronin states that DT and Archer have failed to pay fees in breach of the retainer agreement, and that a breakdown in the attorney-client relationship has made continued representation unreasonably difficult.

The Court finds that good cause exists to relieve Dawe and Cronin from representation of Defendants Direct Therapy S&P Corporation and Isaac Archer. And, as no Opposition has been filed and as trial has been set for August, 2023, Dawe and Cronin’s relief will not cause prejudice to any party.

Accordingly, Attorneys Michael Dawe and Brian D. Cronin’s Motion to be Relieved as Counsel for Defendants Direct Therapy S&P Corporation and Isaac Archer is GRANTED.   

As Defendant Direct Therapy S&P Corporation is a corporate entity, it must retain legal counsel. (See Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4^th 1094, 1101.) Accordingly, an OSC re: Direct Therapy S&P Corporation’s Representation will be scheduled for March 23, 2023, the date of the next hearing in this matter.

DATED: February 15, 2023 

____________________________

Hon. Robert S. Draper

Judge of the Superior Court