Judge: Stephen P. Pfahler, Case: 22STCV28092, Date: 2025-03-18 Tentative Ruling

Case Number: 22STCV28092    Hearing Date: March 18, 2025    Dept: 68

Dept. 68

Date: 3-18-25

Case: 22STCV28092

Trial Date: Not Set

RELIEVED AS COUNSEL OF RECORD

MOVING ATTORNEY: Hana Fine

CLIENT: Unopposed/Plaintiff, Allison Shumway

RELIEF REQUESTED

Motion to Be Relieved as Counsel of Record

SUMMARY OF ACTION

On August 29, 2022, Plaintiff filed a complaint 1. Discrimination (Gov’t C. §§ 12900 et seq.); 2. Retaliation (Gov’t C. §§ 12900 et seq.); 3. Retaliation (Lab. C. § 1102.5); 4. Unfair Competition (Bus. Prof. C. § 17200); 5. Wrongful Termination; 6. Failure to Equally Pay Employees of the Opposite Sex (Lab. C. § 1197.5); 7. Retaliation (Lab. C. § 98.6); 8. Discrimination (Lab. C. §§ 232, 232.5, et seq.); and 9. Failure to Timely Pay Wages Upon Termination (Lab. C. §§ 201-203, et seq.). On August 31, 2022, Plaintiff filed a peremptory challenge, and the case was reassigned to Department 68.

On September 12, 2022, Plaintiff dismissed defendant Number Holdings, Inc. without prejudice.

On April 21, 2023, the court entered the stipulation of the parties to submit all claims to binding arbitration. On July 10, 2024, court entered a stay of the entire action following due to the filing of a Chapter 11 bankruptcy petition by Defendant 99 Cents Only Stores, LLC. The case was placed on the civil inactive list as well.

RULING: Off-Calendar.

Counsel for Plaintiff Kenya Frazier moves to be relieved as counsel of record due to Plaintiff’s “refusal and inability to communicate with counsel,” thereby rendering representation ineffective. Defendant 99 Cents Only Stores, LLC notes the ongoing stay of the action thereby barring any law and motion on the case.

Notwithstanding the responsive pleading from 99 Cents Only Stores, LLC, the motion lacks any apparent proof of service. The case also remains under the July 10, 2024, order staying the entire action and removal from the civil active list.

The motion is therefore taken off-calendar.

Moving counsel to provide notice.