Judge: Theresa M. Traber, Case: 20STCV38140, Date: 2023-12-06 Tentative Ruling

Case Number: 20STCV38140    Hearing Date: January 12, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     January 12, 2024                   TRIAL DATE: April 9, 2024

CASE:                         Gladys Navarro v. South Bay Safety Inc., et al

CASE NO.:                 20STCV38140           

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Attorney Eric V. Luedtke, counsel for Defendant South Bay Safety, Inc.

RESPONDING PARTY(S): No response on eCourt as of 01/09/24

CASE HISTORY:

·         10/05/20: Complaint filed.

·         10/06/20: First Amended Complaint Filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for wrongful termination. Plaintiff alleges that Defendants terminated her employment in retaliation for taking sick days.

Attorney Eric V. Luedtke, counsel for Defendant South Bay Safety, Inc., moves to be relieved as counsel.

TENTATIVE RULING:

Attorney Eric V. Luedtke, counsel for Defendant South Bay Safety, Inc., moves to be relieved as counsel.

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 they served Defendant by mail and confirmed the address is current by telephone and email. (MC-052 ¶ 3.)

In general, an attorney may withdraw with or without cause so long as 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 April 9, 2024. (MC-052 ¶ 6.) There is a final status conference set for March 25, 2024 at 9:00 AM. (See MC-052 ¶¶ 5.) The risk of prejudice to Defendant is therefore increased due to the relative proximity of the trial date. Moving Counsel’s declaration states that the working relationship between Moving Counsel and Defendant has broken down, and that the Defendant has ceased communicating with its counsel regarding this case. (MC-052 ¶ 2.) Notwithstanding the proximity of trial, it serves no purpose to require counsel to continue representation and attempt to litigate a case when the client has ceased to communicate with counsel. The Court therefore finds that these circumstances warrant withdrawal.

Accordingly, Attorney Eric Luedtke’s Motion to Be Relieved as Counsel for Defendant South Bay Safety Inc. is GRANTED.

            This ruling is conditioned on Moving Counsel filing  and serving an updated MC-053 order for the Court’s signature and serving written notice of this order on all parties and filing proof of service with the Court.

IT IS SO ORDERED.

Dated:  January 12, 2024                                ___________________________________

                                                                                    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.