Judge: Theresa M. Traber, Case: 22STCV02265, Date: 2024-03-26 Tentative Ruling

Case Number: 22STCV02265    Hearing Date: March 26, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     March 26, 2024                      TRIAL DATE: NOT SET

CASE:                         Hui Su v. AHMC Garfield Medical Center

CASE NO.:                 22STCV02265           

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Attorney Steven M. Rubin, counsel for Plaintiff.

RESPONDING PARTY(S): No response on eCourt as of 3/20/24

CASE HISTORY:

·         01/19/22: Complaint filed.

·         03/21/22: Stipulation to binding arbitration.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an employment discrimination action. Plaintiff alleges that she was harassed on the basis of her race and national origin.

Attorney Steven M. Rubin moves to be relieved as counsel for Plaintiff.

TENTATIVE RULING:

Attorney Steven M. Rubin moves to be relieved as counsel for Plaintiff.

Moving counsel filed all three required forms (MC-051, -052, and -053) separately 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 Plaintiff by mail and confirmed the address was current by her filings and statements in the arbitration. (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, this matter is stayed pending resolution of the binding arbitration to which the parties stipulated. (See March 21, 2022 Minute Order.) The only hearing before the Court is a status conference regarding the arbitration set for August 7, 2024. Moreover, the Arbitrator has separately heard Moving Counsel’s request to be relieved and granted the request. (MC-052 Attach. 2.) The arbitrator has stayed the arbitration to permit Plaintiff to find substitute counsel. (Id.) The risk of prejudice to Plaintiff is therefore low. Moving Counsel’s declaration states that there has been an irreconcilable breakdown in the attorney-client relationship. (MC-052 ¶ 2.) Given the evidence of the breakdown in the relationship and the low risk of prejudice at this juncture, the Court finds that these circumstances warrant withdrawal.

Accordingly, Attorney Steven M. Rubin’s Motion to Be Relieved as Counsel for Plaintiff is GRANTED.

            This ruling is conditioned on Moving Counsel serving written notice of this order on all parties and filing proof of service with the Court.

Moving Party to give notice.

IT IS SO ORDERED.

Dated:  March 26, 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.