Judge: Stephen P. Pfahler, Case: 21STCV25336, Date: 2023-05-04 Tentative Ruling

Case Number: 21STCV25336    Hearing Date: May 4, 2023    Dept: F49

Dept. F-49

Date: 5-4-23

Case # 21STCV25336

Trial Date: 9-18-23

MOTION TO BE RELIEVED AS COUNSEL

MOVING ATTORNEY: Zaneta Conroy, Swanson Legal Group

CLIENT: Plaintiff, Evelyn Gallegos

RELIEF REQUESTED

Motion to Be Relieved as Counsel for Plaintiff Evelyn Gallegos

SUMMARY OF ACTION

Plaintiff Evelyn Gallegos was a student at Germain Elementary School with the Los Angeles Unified School District (LAUSD). Plaintiff alleges bullying by fellow students and the failure of the school principal, defendant Luis Lopez, to address the bullying, even after a transfer of the student to a new classroom. Plaintiff alleges a particularly violent incident on March 5, 2020, which plaintiff alleges the final act in the course of conduct leading to the subject action.

On July 9, 2021, Plaintiff filed a complaint for Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress, Negligence, and Negligent Supervision. On November 3, 2021, the action was transferred from Department 31 to Department 49.

New counsel for Plaintiff substituted into the case on January 3, 2022. On May 18, 2022, the court sustained the demurrer of LAUSD and Luis Lopez with leave to amend. On June 13, 2022, Plaintiff filed a first amended complaint for Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress, Negligence, and Negligent Supervision. On September 1, 2022, the court sustained the demurrer with leave to amend.

On September 20, 2022, Plaintiff filed the second amended complaint for Negligent Infliction of Emotional Distress, Negligence, and Negligent Supervision. On March 2, 2023, the court sustained the demurrer of LAUSD and Lopez without leave to amend as to the first cause of action for negligent infliction of emotional distress, and overruled the demurrer on the remaining causes of action for negligence, and negligent supervision. Defendants answered the complaint on March 21, 2023.

RULING: Granted

Counsel for plaintiff Evelyn Gallegos moves to be relieved as counsel of record for due to a irreconcilable differences on the direction of the action.

The motion complies with all procedural requirements. The motion is granted.

Order not effective until service on the client.

Motion for Summary Judgment currently reserved for August 14, and trial scheduled for September 18, 2023.

Moving Counsel to provide notice.