Judge: Stephen P. Pfahler, Case: 23STCV06255, Date: 2024-10-02 Tentative Ruling

Case Number: 23STCV06255    Hearing Date: October 2, 2024    Dept: 68

Dept. 68

Date: 10-2-24

Case: 23STCV06255

Trial Date: 5-5-25 c/f 9-9-24

RELIEVED AS COUNSEL OF RECORD

MOVING ATTORNEY: Jamie Wright

CLIENT: Plaintiff, Andrew Silver

RELIEF REQUESTED

Motion to Be Relieved as Counsel of Record

SUMMARY OF ACTION

In May 2021, Plaintiff Andrew Silver commenced employment with Defendants as an initial full time employee, then converted to part time hourly schedule. In December 2021, Plaintiff contracted Covid-19, which led to termination on January 3, 2022, upon return to the office. Plaintiff alleges insults and other derogatory language as part of the office culture.

On March 21, 2023, Plaintiff filed a complaint for 1. Actual/Perceived Disability Or Medical Condition Discrimination In Violation Of Gov’t. Code Sections 12940, Et Seq. [Feha]; 2. Actual/Perceived Disability Or Medical Condiction Harassment In Violation Of Gov’t. Code Sections 12940, Et Seq. [Feha]; 3. Failure To Accommodate In Violation Of Feha; 4. Failure To Engage In The Interactive Process In Violation Of Feha; 5. Retaliation In Violation Of Gov’t. Code Sections 12940, Et Seq.; 6. Sexual Harassment (Harassment Based On Sex In Violation Of Gov’t. Code Sections 12940, Et Seq. 7. Failure To Prevent Discrimination, Harassment And Retaliation In Violation Of Gov’t. Code Section 12940(K); 8. Discrimination Based On Gender In Violation Of Gov’t. Code Sections 12940, Et Seq.; 9. Harassment Based On Gender In Violation Of Gov’t. Code Sections 12940, Et Seq. 10. Misclassification As Exempt 11. Failure To Provide Meal Breaks Or Compensation In Lieu Thereof; 12. Failure To Provide Rest Breaks Or Compensation In Lieu Thereof; 13. Failure To Pay All Wages Due And Owing; 14. Violation Of Labor Code Section 226; 15. Failure To Pay Minimum Wages; 16. Waiting Time Penalities; 17. Violation Of Bus. & Prof. Code Section 17200; 18. Wrongful Termination In Violation Of Public Policy.

On April 7, 2023, Plaintiff filed an untimely 170.6 challenge to the court. On September 13, 2023, Defendants answered the complaint.

RULING: Granted.

Counsel for Plaintiff Andrew Silver moves to be relieved as counsel of record, due to “irreconcilable differences,” thereby rendering representation “unreasonably difficult.”

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

Order not effective until served on the client.

Motions to be relieved as counsel for September 30, 2024.

Moving counsel to provide notice to all parties.