Judge: Theresa M. Traber, Case: 20STCV22705, Date: 2023-08-22 Tentative Ruling

Case Number: 20STCV22705    Hearing Date: August 22, 2023    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     August 22, 2023                     TRIAL DATE: January 23, 2024

CASE:                         Richie Mark Rodriguez Figuera v. ERG Home Health Provider, Inc., et al. 

CASE NO.:                 20STCV22705           

MOTION TO BE RELIEVED AS COUNSEL x2

MOVING PARTY:               Attorney Thomas S. Carter, counsel for Defendants

RESPONDING PARTY(S): No response on eCourt as of 8/17/23

CASE HISTORY:

·         06/16/20: Complaint filed.

·         03/08/22: First Amended Complaint filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

This is a wage and hour action. Plaintiff alleges that Defendants refused to pay him during his brief tenure as their employee.

            Attorney Thomas S. Carter, counsel for Defendants, moves to be relieved as counsel.

TENTATIVE RULING:

Attorney Thomas S. Carter’s Motion to be Relieved as Counsel for Defendant ERG Home Health Provider, Inc., is GRANTED, conditioned on Moving Counsel giving written notice of this ruling and filing a proof of service to that effect.

Attorney Thomas S. Carter’s Motion to be Relieved as Counsel for Defendant Maria Isabel Belzunce is GRANTED, conditioned on Moving Counsel giving written notice of this ruling and filing a proof of service to that effect.

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DISCUSSION:

Motion to Be Relieved as Counsel for Defendant ERG Home Health Provider, Inc.

            Attorney Thomas S. Carter, counsel for all Defendants in this action, moves the court for an order permitting the attorney to be relieved as attorney of record for Defendant ERG Home Health Provider, Inc.

Moving counsel filed all three required forms (MC-051, -052, and -053) and included a proof of service as required by California Rules of Court rule 3.1362(d).  Moving counsel’s declaration states that he served Defendant by mail and confirmed the address is current by mail, return receipt requested. (MC-052 ¶ 3.)

In general, an attorney may withdraw with or without cause if the withdrawal would not result in undue prejudice to the client’s interest – i.e., counsel cannot withdraw at a critical point in the litigation, because that would prejudice client, but can withdraw otherwise. (Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915.) The court has discretion to deny an attorney’s request to withdraw where the withdrawal would work an injustice or cause undue delay in the proceeding, but the court’s discretion in this area is one to be exercised reasonably. (Mandell v. Superior Court (1977) 67 Cal.App.3d 1, 4.)   

Here, the matter is set for trial on January 23, 2024, and the only other hearing on calendar in this matter is the Final Status Conference set for January 8, 2024 at 9:00 AM. (MC-052 ¶¶ 4(b); 6; see also June 5, 2023 Minute Order.) Given the months until trial, the Court concludes that the risk of prejudice to Defendant low. Moving Counsel’s declaration states that he is no longer able to represent Plaintiff due to a breakdown in the attorney-client relationship because Defendant has ceased responding to his communications.  (MC-052 ¶ 2; Declaration of Thomas S. Carter ISO Mot. ¶2.) Given this breakdown in the attorney-client relationship, the Court finds that the circumstances warrant withdrawal.

Accordingly, Attorney Thomas S. Carter’s Motion to be Relieved as Counsel for Defendant ERG Home Health Provider, Inc., is GRANTED, conditioned on Moving Counsel giving written notice of this ruling and filing a proof of service to that effect.

Motion to Be Relieved as Counsel for Defendant Maria Isabel Belzunce

            Attorney Thomas S. Carter, counsel for all Defendants in this action, moves the court for an order permitting the attorney to be relieved as attorney of record for Defendant Maria Isabel Belzunce.

Moving counsel filed all three required forms (MC-051, -052, and -053) and included a proof of service as required by California Rules of Court rule 3.1362(d).  Moving counsel’s declaration states that he served Defendant by mail and confirmed the address is current by mail, return receipt requested. (MC-052 ¶ 3.)

In general, an attorney may withdraw with or without cause if the withdrawal would not result in undue prejudice to the client’s interest – i.e., counsel cannot withdraw at a critical point in the litigation, because that would prejudice client, but can withdraw otherwise. (Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915.) The court has discretion to deny an attorney’s request to withdraw where the withdrawal would work an injustice or cause undue delay in the proceeding, but the court’s discretion in this area is one to be exercised reasonably. (Mandell v. Superior Court (1977) 67 Cal.App.3d 1, 4.)   

Here, the matter is set for trial on January 23, 2024, and the only other hearing on calendar in this matter is the Final Status Conference set for January 8, 2024 at 9:00 AM. (MC-052 ¶¶ 4(b); 6; see also June 5, 2023 Minute Order.) Given the months until trial, the Court concludes that the risk of prejudice to Defendant low. Moving Counsel’s declaration states that he is no longer able to represent Plaintiff due to a breakdown in the attorney-client relationship because Defendant has ceased responding to his communications.  (MC-052 ¶ 2; Declaration of Thomas S. Carter ISO Mot. ¶2.) Given this breakdown in the attorney-client relationship, the Court finds that the circumstances warrant withdrawal.

Accordingly, Attorney Thomas S. Carter’s Motion to be Relieved as Counsel for Defendant Maria Isabel Belzunce is GRANTED, conditioned on Moving Counsel giving written notice of this ruling and filing a proof of service to that effect.

CONCLUSION:

Accordingly, Attorney Thomas S. Carter’s Motion to be Relieved as Counsel for Defendant ERG Home Health Provider, Inc., is GRANTED, conditioned on Moving Counsel giving written notice of this ruling and filing a proof of service to that effect.

Attorney Thomas S. Carter’s Motion to be Relieved as Counsel for Defendant Maria Isabel Belzunce is GRANTED, conditioned on Moving Counsel giving written notice of this ruling and filing a proof of service to that effect.

            Moving Party to give notice.

IT IS SO ORDERED.

Dated:  August 22, 2023                                 ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.