Judge: Robert S. Draper, Case: 22STCV07215, Date: 2023-02-21 Tentative Ruling

Case Number: 22STCV07215    Hearing Date: February 21, 2023    Dept: 78

Superior Court of California 

County of Los Angeles 

Department 78 

Attorney Elan Zekster’s and Oakwood Legal Group’s Motion to be Relieved as Counsel for Plaintiff Charli Pego is GRANTED.

Factual background

This is an action for workplace sexual harassment and wrongful termination. The Complaint alleges as follows.

Plaintiff Charli Pego (“Pego”) was employed by Defendant Sun Food Market & Deli (“Sun Food”) from January 1, 2021, to February 2021. While employed there, Sun Food’s owner, Defendant Sukhdev Singh (“Singh” and with Sun Food, “Defendants”) repeatedly made unwanted sexual advances toward Pego. (Compl. ¶ 15-16.) Additionally, Singh would grope both himself and Pego in a sexual manner. (Compl. ¶ 17-18.) Singh told Pego that if she did not sleep with him, he would find an employee who would. (Compl. ¶ 19.) Shortly thereafter, Singh terminated Pego’s employment. (Compl. ¶ 20.)  

PROCEDURAL HISTORY 

On February 28, 2022, Pego filed the Complaint asserting five causes of action:

1.    Sexual Harassment in Violation of FEHA;

2.    Sexual Assault;

3.    Sexual Battery;

4.    Retaliation; and,

5.    Wrongful Termination.

On August 24, 2022, Attorney Elan Zekster (“Zekster”) filed a Motion to be Relieved as Counsel for Plaintiff Charli Pego.

On September 27, 2022, the Court denied that motion without prejudice as Zekster failed to file a proposed ruling prepared on Civil Form MC-053.

On November 4, 2022, Zekster filed the instant Motion to be Relieved as Counsel including the proper form..

No Opposition has been filed.

DISCUSSION 

Attorney Elan Zekster and Oakwood Legal Group move to be relieved as counsel for Plaintiff Charli Pego. 

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, Zekster has satisfied the requirements of rule 3.1362. In his declaration, Zekster states that he has been unable to contact Plaintiff since July 2022, despite repeated attempts to do so.

The Court finds that good cause exists to relieve Zekster and his law firm, Oakwood Legal Group, from representation of Plaintiff Charli Pego. And, as no Opposition has been filed and as a trial date has not been set, Zekster’s relief will not cause prejudice to any party.

Accordingly, Attorney Elan Zekster and Oakwood Legal Group’s Motion to be Relieved as Counsel for Plaintiff Charli Pego is GRANTED.   

DATED: February 21, 2023

____________________________

Hon. Robert S. Draper

Judge of the Superior Court