Judge: Sarah J. Heidel, Case: 23BBCV00488, Date: 2024-03-08 Tentative Ruling

Case Number: 23BBCV00488    Hearing Date: March 8, 2024    Dept: V

SUPERIOR COURT OF CALIFORNIA 

COUNTY OF LOS ANGELES – NORTHEAST DISTRICT 

DEPARTMENT V 

 

 

HECTOR RAFAEL MEJIA GARCIA, et al.  

 

¿¿Plaintiff¿, 

 

 

vs. 

 

 

¿¿JOHN DOE¿, et al., 

 

¿¿Defendants¿. 

Case No.: 

23BBCV00488 

 

 

Hearing Date: 

¿¿March 8, 2024¿ 

 

 

Time: 

¿¿8:30 a.m.¿ 

 

 

 

[TENTATIVE] ORDER RE: 

 

 

PLAINTIFFS’ COUNSEL’S MOTION TO BE RELIEVED AS COUNSEL 

 

 

MOVING PARTIES:             Plaintiff’s Counsel 

 

RESPONDING PARTY:       N/A 

Plaintiffs’ Counsel’s Motion To Be Relieved As Counsel 

 

The court considered the moving papers, filed in connection with this motion.  

 

BACKGROUND 

This case stems from an automobile collision that occurred on March 6, 2023 when Hector Rafael Mejia Garcia1 and Eduardo Alberto Ramirez (Plaintiffs) were hit by John Doe and Does 1-50. (Complaint, ¶ GN-1.) Plaintiffs filed a Complaint on March 2, 2023. The Motion now before the Court is Plaintiffs’ Counsel’s Motion to Be Relieved as Counsel.  

LEGAL STANDARD 

An application to be relieved as counsel must be made on Judicial Counsel Form MC-051 (Notice of Motion and Motion) (Cal. Rules of Court, rule 3.1362(a)), MC-052 (Declaration) (Cal. Rules of Court, rule 3.1362(c)), and MC-053 (Proposed Order) (Cal. Rules of Court, rule 3.1362(e)). The proposed order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. (Cal. Rules of Court, rule 3.1362(e).) Further, the requisite forms must be served on the client and all other parties who have appeared in the case. (Cal. Rules of Court, rule 3.1362(d).) 

 

DISCUSSION 

Here, Plaintiff’s counsel has met all the necessary requirements to grant the Motion. Counsel has filed both forms MC-051 and MC-052. Additionally, form MC-052 denotes all upcoming hearings, including the Case Management Conference on March 12, 2024. Finally, counsel files this Motion under CCP § 284(2), noting that there has been an irremediable breakdown in the attorney-client relationship. As Plaintiff’s counsel only files this Motion as to Hector Rafael Mejia Garcia, all appropriate notice has been given. 

 

Based on the foregoing, the court grants Plaintiff’s counsel’s Motion to Be Relieved As Counsel.   

Plaintiff’s counsel is ordered to give notice of this ruling. 

IT IS SO ORDERED.