Judge: Teresa A. Beaudet, Case: 21STCV27907, Date: 2025-06-06 Tentative Ruling

Case Number: 21STCV27907    Hearing Date: June 6, 2025    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

            Background

On July 29, 2023, Edgar and Heidi Hernandez (Plaintiffs) filed a Complaint against Myrle D. McLernon General Contractor, Inc.; McLernon Architecture Group, Inc., and Myrle D. McLernon (collectively referred to as Defendants). The Complaint alleges six causes of action:

1.     Negligence;

2.     Breach of Contract;

3.     Breach of Implied Covenant of Good Faith and Fair Dealing;

4.     Intentional Misrepresentation;

5.     Negligent Misrepresentation; and

6.     Promissory Estoppel.

The Complaint stems from an agreement entered into by Plaintiffs on September 4, 2019 for Defendants to perform construction services on Plaintiff’s property. Now the motion before the Court is two-fold: Attorney Kimberly R. Rose-McCaslin (Attorney Rose-McCaslin), counsel for Defendant McLernon Architecture Group, Inc. and Defendant Myrle D. McLernon General Contractor, Inc. files two motions to be relieved as counsel, one each for defendant.

Legal Standard

An application to be relieved as counsel must be made on Judicial Counsel Form MC-051 (Notice of Motion and Motion) (California Rules of Court, rule 3.1362(a)) and MC-052 (Declaration) (Cal. Rules of Court, rule 3.1362(c)). (Cal. Rules of Court, rule 3.1362(e)). The motion must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. (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 the 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).) A motion to withdraw will not be granted where withdrawal would prejudice the client. (Ramirez v. Sturdevant (1994), 21 Cal.App.4th 904, 915.)

            Discussion

The Court finds that counsel has provided sufficient reason for withdrawal. As required, Attorney Rose-McCaslin files Judicial Counsel Form MC-051 (Notice of Motion and Motion) and MC-052 (Declaration). Both declarations specify all hearing dates scheduled in the action or proceeding, including the date of trial. Additionally, the clients have been served, with confirmation by both via telephone. Proofs of service have been filed demonstrating service of the motions on all parties who have appeared in the case. However, the proposed orders have not been filled in. The hearing on the motions will be continued so counsel can file and serve proposed orders that have been appropriately filled in, with courtesy copies delivered to Dept. 50 at least 5 court days before the hearing. The hearing is continued to ___________

2025 at 10:00 a.m. in Dept. 50.

Moving Party is ordered to provide notice of this ruling.

DATED:  June 6, 2025                                  

________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court