Judge: Stephen P. Pfahler, Case: PC058809, Date: 2023-09-07 Tentative Ruling

Case Number: PC058809    Hearing Date: September 7, 2023    Dept: F49

Dept. F-49

Date: 9-7-23

Case #PC058809

ATTORNEY WITHDRAWAL

MOVING Attorney: Julian King

CLIENT: Plaintiff, Jonny Rivas

RELIEF REQUESTED

Motion to Be Relieved as Counsel of Record

SUMMARY OF ACTION

On September 26, 2018, Plaintiff Pedro Padilla filed a PAGA complaint for wage and hour violations. On February 6, 2020, Plaintiffs Padilla and Jonny Rivas filed a first amended complaint for wage and hour violations, as well as PAGA penalties and violations of California Business and Professions Code section 17200. On March 18, 2020, Defendant Rooter Hero Plumbing, Inc. filed  a cross-complaint against Pedro Padilla for conversion, damage to an employer by employee guilty of culpable negligence, and violation of Labor Code sections 2854, et seq.

On March 10, 2020, Defendant filed a Chapter 7 Bankruptcy Petition, which led to a notice of stay.

On October 21, 2021, a substation of counsel designating Plaintiff Pedro Padilla appearing in pro per was filed with the court.

On April 24, 2023, Plaintiff, in pro per, filed a request for dismissal of the entire complaint.

RULING: Granted.

Counsel for Plaintiff Johnny Rivas moves to be relieved as counsel of record, due to a loss of contact with the client. On December 14, 2021, the court denied the motion to be relieved due to a bankruptcy stay imposed from Defendant’s filing of a Chapter 7 petition. At the May 17, 2023, OSC re: Bankruptcy Status, the court specifically allowed counsel to file a new motion to be relieved as counsel.

Counsel represents that the client remains “unhoused” and has limited access via a “government issued phone.” Although Rivas agreed to sign a substitution of attorney, counsel has been unable to contact the client in order to execute the form. Notwithstanding the representation of a lack of housing, counsel mailed the motion to the last known address.

Notwithstanding the filing of the application on June 20, 2203, Plaintiff “in pro per” filed a Request for Dismissal on April 24, 2023, which the clerk entered. Because Plaintiff is still represented by counsel, albeit presumptively under the presumption that the withdrawal already occurred, the case remains on the civil active calendar in that Plaintiff improperly filed the form “in pro per.”

The court finds the motion complies with all procedural requirements, and grants the motion. Order not effective until service of the order on the client at the last known address.

OSC re: Bankruptcy Status on November 15, 2023.

Counsel to give notice to all parties.