Judge: Steven A. Ellis, Case: 20STCV01742, Date: 2024-05-24 Tentative Ruling

DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT  (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)

Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE.  4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020) 
IMPORTANT:  In light of the COVID-19 emergency, the Court encourages all parties to appear remotely.  The capacity in the courtroom is extremely limited.  The Court appreciates the cooperation of counsel and the litigants. 
ALSO NOTE:  If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar.  THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.

Case Number: 20STCV01742    Hearing Date: May 24, 2024    Dept: 29

Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Santosh Narayan.

Tentative

The motion is denied.

Background

This case is brought on behalf of two minor plaintiffs, A.B. and J.C.J. 

On January 14, 2020, A.B., by and through his Guardian Ad Litem, Sylvia Betancourt, and J.C.J., by and through his Guardian Ad Litem, Lisa Curtis, filed a complaint against Social Vocational Services, Inc., Romel Cortez, and Does 1 through 50, for (1) assault, (2) battery, (3) intentional infliction of emotional distress, (4) dependent adult abuse and neglect, (5) violation of the Ralph Civil Rights Act, (6) negligence, and (7) negligent supervision, all arising from abuse sustained by each developmentally disabled Plaintiff in late 2018.

The named Defendants filed their answers on August 3 and 4, 2020.

On April 22, 2021, Plaintiffs filed a notice of settlement of the entire case.

On July 16, 2021, the Court granted a petition to approve compromise of disputed claim for A.B. That aspect of the settlement is now fully resolved.

On April 20, 2022, the Court granted a petition to approve compromise of disputed claim for J.C.J.  The total gross settlement amount was $60,000; after payment of attorney’s fees and costs, the amount of the net settlement proceeds for J.C.J. was $27,603.84.  Of that amount, $16,000 was to be deposited into an ABLE account for the benefit of J.C.J.  The remainder ($11,603.84) was ordered to be used for J.C.J. as follows: (1) $3,128.29 to purchase a therapeutic tandem bike; (2) $2,898.27 to purchase a bedroom set and mattress cover; (3) $1,229.21 to purchase an entertainment system and blender; (4) $4,000 to pre-purchase burial arrangements; and (5) $347.97 to purchase shoes.  On approval, the Court set an OSC re proof of purchase of these items.

The OSC was initially set for July 20, 2022. The OSC was continued to October 18, 2022, and again to January 12, 2023, then to March 13, 2023, then to May 17, 2023, then to July 25, 2023, then to December 4, 2023, and then to January 17, 2024.

At the January 17 hearing, Plaintiff’s counsel stated Ms. Curtis had provided some of the receipts for purchases but not all of them. The OSC was continued to March 19 and to June 20, 2024.

On April 23, 2024, Santosh Narayan (“Counsel”) filed a motion to be relieved as counsel for J.C.J., by and through his Guardian Ad Litem, Lisa Curtis.

No opposition has been filed.

Legal Standard

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (Code of Civ. Proc., § 284(b).) An attorney is permitted to withdraw where conflicts between the attorney and client make it unreasonable to continue the representation. (See Cal. Rules of Prof. Conduct 3-700(C)(1).) “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.)   

An application to be relieved as counsel must be made on Judicial Counsel Form MC-051 (Notice of Motion and Motion) (Cal. Rules of Court, rule 3.1362(a)), MC-052 (Declaration) (Cal. Rules of Court, rule 3.136(c)), and MC-053 (Proposed Order) (Cal. Rules of Court, rule 3.1362(e)).   

Further, the requisite forms must be served on the client and all other parties who have appeared in the case. (Cal. Rules of Court, rule 3.1362(d).) The court may delay effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court. (Cal. Rules of Court, rule 3.1362(e).) 

Discussion

Counsel has filed the Notice and Order to be Relieved as Counsel.

The declaration, however, is not on the mandatory form required by California Rules of Court, rule 3.1362(c).

In addition, the declaration does not address the reason for seeking relief, or the steps to acquire the client’s current address for proper service, as required by California Rules of Court rule 3.1362(c).

Finally, Counsel seeks to be relieved as counsel for a minor, by and through a guardian ad litem.  An attorney must appear on behalf of the minor or person lacking legal capacity to make decisions. A non-attorney appointed as guardian ad litem cannot act in pro per as doing so would constitute the unauthorized practice of law (Bus. & Professions Code § 6125; see J.W. v. Superior Court (1993) 17 Cal.App.4th 958, 965.)

Accordingly, the motion is DENIED.

Conclusion

The motion to be relieved as counsel is DENIED.