Judge: Theresa M. Traber, Case: 21STCV35517, Date: 2023-01-04 Tentative Ruling
Case Number: 21STCV35517 Hearing Date: January 4, 2023 Dept: 47
Tentative Ruling
Judge Theresa M. Traber, Department 47
HEARING DATE: January 4, 2023 TRIAL
DATE: June 6, 2023
CASE: Lilia Garcia-Brower, California Labor
Commissioner, v. Sara Management LLC et al.
CASE NO.: 21STCV35517 
MOTION
TO BE RELIEVED AS COUNSEL
MOVING PARTY: Attorney Justin G. Schmidt, counsel for Defendant Ducu
& Associates, LLC.
RESPONDING PARTY(S): No response on
eCourt as of 1/1/2023
PROOF
OF SERVICE:
CASE
HISTORY:
·
09/27/21: Complaint filed.
STATEMENT
OF MATERIAL FACTS AND/OR PROCEEDINGS:
This is an action filed by the California Labor Commissioner on September
27, 2021 pursuant to section 98.7 of the Labor Code to enforce the findings of
the Commissioner that Defendants violated numerous provisions of the Labor
Code.
Attorney Justin G. Schmidt, counsel
for Defendant Ducu & Associates, LLC, moves to be relieved as counsel.
TENTATIVE RULING:
Attorney Justin G. Schmidt’s
Motion to be Relieved as Counsel for Defendant Ducu & Associates, LLC is
GRANTED.
This ruling is
conditioned on Moving Counsel filing proof of service of the Court’s order.
On its own motion, the Court
advances and continues the post-mediation status conference to March 15, 2023
at 8:30 a.m.
DISCUSSION:
Attorney Justin G. Schmidt, counsel
for Defendant Ducu & Associates, LLC, 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 he served Defendant by mail and confirmed the address
is current by telephone. (MC-052 ¶ 3.)
In general, an attorney may withdraw with
or without cause as 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 June
6, 2023, (MC-052 ¶ 5.) There is a final status conference set for May 23, 2023,
and a Post-Mediation Status Conference scheduled for January 11, 2023. (MC-052
¶¶ 4-6.) The risk of prejudice to Plaintiff is therefore low due to the
relative distance of the trial date. Moving Counsel’s declaration states that irreconcilable
differences have developed between Moving Counsel and Defendant. (MC-052 ¶ 2.) Given the evidence of the
breakdown in the relationship and the relative distance of trial, the Court
finds that these circumstances warrant withdrawal.
CONCLUSION:
Accordingly,
Attorney Justin G. Schmidt’s Motion to be Relieved as Counsel for Defendant Ducu
& Associates, LLC is GRANTED.
This ruling is
conditioned on Moving Counsel filing proof of service of the Court’s order.
On its own
motion, the Court advances and continues the post-mediation status conference
to March 15, 2023 at 8:30 a.m.
Moving
Party to give notice.
IT IS SO ORDERED.
Dated: January 4, 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.