Judge: Stephen P. Pfahler, Case: 22STCV04543, Date: 2024-03-25 Tentative Ruling



Case Number: 22STCV04543    Hearing Date: March 25, 2024    Dept: 68

Dept. 68

Date: 3-25-24 a/f 5-2-24 (3-8-24 Minute Order)

Case # 22STCV04543

Trial Date: 5-28-24 c/f 3-18-24

 

RELIEVED AS COUNSEL

 

MOVING ATTORNEY: Gregory Wong, et al.

CLIENT:  Plaintiff, Anthony Brooks

 

RELIEF REQUESTED

Motion to Be Relieved as Counsel of Record

 

SUMMARY OF ACTION

On August 23, 2021, Plaintiff Anthony Brooks filed a complaint for Disability Discrimination; Failure to Provide a Reasonable Accommodation; Failure to Engage in the Interactive Process; and, Wrongful Termination in Violation of Public Policy against Defendant California Department of Corrections and Rehabilitation. On May 9, 2022, Plaintiff filed a first amended complaint for Disability Discrimination; Failure to Provide a Reasonable Accommodation; and, Failure to Engage in the Interactive Process. Defendant answered the first amended complaint on June 9, 2022.

 

RULING: Granted.

Counsel for plaintiff Anthony Brooks moves to be relieved as counsel of record, due to a breach of the parties’ fee agreement.

 

“The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) The court accepts the necessity of client confidentiality, and will meet counsel in chambers, if requested. (Bus. & Prof. Code, § 6068, subd. (e); Manfredi & Levine v. Superior Court, supra, 66 Cal.App.4th at p. 1133; Aceves v. Superior Court (1996) 51 Cal.App.4th 584, 590- 593.) The motion otherwise complies with all procedural requirements. The motion is therefore granted.

 

Order not effective until service on the client.

 

Trial remains set for May 28, 2024.

 

Moving attorney to provide notice.