Judge: Theresa M. Traber, Case: 22STCV17050, Date: 2023-08-17 Tentative Ruling

Case Number: 22STCV17050    Hearing Date: January 5, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     January 5, 2024                     TRIAL DATE: August 13, 2024

CASE:                         Rebeka Romero v. BaronHR West, Inc. et al.

CASE NO.:                 22STCV17050           

MOTION TO BE RELIEVED AS COUNSEL (x2)

MOVING PARTY:               Attorneys Christian J. Keeney and Alis M. Moon of Jackson Lewis, P.C.; counsel for Defendants

RESPONDING PARTY(S): No response on eCourt as of 01/02/24

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for employment discrimination that was filed on May 23, 2022. Plaintiff alleges that Defendant Jauregui engaged in extreme and pervasive sexual harassment and outright assault against Plaintiff, and that Defendants terminated Plaintiff in retaliation for her complaints about Defendant Jauregui’s conduct.

Attorneys Christian J. Keeney and Alis M. Moon of Jackson Lewis, P.C. move to be relieved as counsel for Defendant Ulises Jauregui.

TENTATIVE RULING:

Attorneys Christian J. Keeney and Alis M. Moon of Jackson Lewis, P.C. move to be relieved as counsel for Defendant Ulises Jauregui.

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 Defendants by mail and confirmed the address is current by conversation. (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 August 13, 2024. (MC-052 ¶ 5.) There is a final status conference set for July 29, 2024, and a status conference regarding Alternative Dispute Resolution set for March 28, 2024. (See MC-052 ¶¶ 4-6.) The risk of prejudice to Defendant is therefore low due to the relative distance of the trial date. Moving Counsel’s declaration states that the working relationship between Moving Counsel and Defendant has broken down, and that Defendant has failed to comply with the retainer agreement. (MC-052 ¶ 2.) In light of the evidence of the breakdown in the relationship and the distant trial date, the Court finds that these circumstances warrant withdrawal.

Accordingly, Attorneys Christian J. Keeney and Alis M. Moon of Jackson Lewis, P.C.’s Motion to Be Relieved as Counsel for Defendant Ulises Jauregui 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.

IT IS SO ORDERED.

Dated:  January 5, 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.