Judge: Steven A. Ellis, Case: 21STCV00876, Date: 2025-03-27 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: 21STCV00876    Hearing Date: March 27, 2025    Dept: 29

Libby v. City of Los Angeles
21STCV00876
Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Andrew L. Ellis of Ellis Law Corporation.

Tentative

Motion is granted.

Background

On January 8, 2021, Robert Libby (“Plaintiff”) filed a complaint against City of Los Angeles (“City”), County of Los Angeles (“County”), Madison Marquette Property Investments, LLC, and Public Storage Pickup & Delivery, Inc. for general negligence and premises liability  causes of action arising out of a trip and fall on the sidewalk on June 7, 2020.

On February 17, 2021, City filed an answer and cross-complaint against Roes 1 to 10.

On February 25, 2021, Plaintiff filed the First Amended Complaint (“FAC”) against City of Los Angeles (“City”), Madison Marquette Property Investments, LLC, and Public Storage Pickup & Delivery, Inc. for general negligence and premises liability  causes of action arising out of a trip and fall on the sidewalk on June 7, 2020.

On April 26, 2021, Madison Marquette Real Estate Services Inc. (“Madison”) filed an answer and cross-complaint against Foes 1 through 100.

Also on April 26, 2021, City filed an answer to the FAC.

On June 24, 2021, City added Mept Midtown Crossing LLC as Roe 1. On July 1, 2021, Plaintiff added Mept Midtown Crossing, LLC as Doe 1.

On July 29, 2021, Mept Midtown Crossing, LLC (“Mept”) filed answers to both City’s cross-complaint and the FAC, as well as its own cross-complaint against City.

On August 30, 2021, City filed an answer to Mept’s cross-complaint.

On October 6, 2021, Plaintiff added Public Storage as Doe 2.

On October 27, 2021, Public Storage filed an answer to Plaintiff’s FAC.

On January 13, 2022, City filed an answer to Madison’s cross-complaint.

On September 27, 2023, Public Storage’s motion for summary judgment was granted.

On October 2, 2023, Plaintiff added Enhanced Landscape Management as Doe 3.

On February 13, 2024, Madison dismissed its cross-complaint.

On February 20, 2024, Plaintiff filed a notice of settlement of the case.

On December 12, 2024, the Court dismissed Madison and Mept from the FAC on request of Plaintiff.

On February 27, 2025, Andrew Ellis of Ellis Law Corporation (“Counsel”) filed this motion to be relieved as counsel for Plaintiff. 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, Declaration, and Order on Plaintiff, City, Madison, and Mept.

Counsel contends there has been a breakdown of the attorney-client relationship as Plaintiff is non-cooperative. Counsel was able to confirm Plaintiff’s addressed by use of Westlaw. Plaintiff was timely served by mail on February 27, 2025.

The Court finds Counsel has met the procedural requirements as well as established good cause to be relieved as counsel of record due to the breakdown in the attorney client relationship.

Accordingly, the motion is GRANTED.

Conclusion

The motion to be relieved as counsel is GRANTED. The order is effective upon filing with the Court proof of service showing service of both this minute order and the signed order on the client.

There is currently on calendar an OSC re dismissal that was recently continued to June 26, 2025.

The Court, on its own motion, sets a further Order to Show re Why the Court Should Not Dismiss the Entire Action Without Prejudice and Retain Jurisdiction to Enforce the Settlement for 06/26/25 at 8:30 am in Department 29 of the Spring Street Courthouse.

The Judicial Assistant is directed to update Item 7a of the proposed order to reflect the continuance of the OSC re dismissal and the new OSC.