Judge: Theresa M. Traber, Case: 23STCV01725, Date: 2024-03-18 Tentative Ruling

Case Number: 23STCV01725    Hearing Date: April 10, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     April 10, 2024                        TRIAL DATE: July 23, 2024

CASE:                         Monica Salazar v. Ranaan Dental Group Beverly Hills, Inc.

CASE NO.:                 23STCV01725           

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Attorney Greg A. Garbacz, counsel for Defendant.

RESPONDING PARTY(S): No response on eCourt as of 4/5/24

CASE HISTORY:

·         01/26/23: Complaint filed.

·         04/21/23: First Amended Complaint filed.

·         07/12/23: Cross-Complaint filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an employment discrimination action. Plaintiff alleges that Defendant failed to provide accommodations for her disability and wrongfully terminated her for seeking accommodations.

Attorney Greg Garbacz moves to be relieved as counsel for Defendant.

TENTATIVE RULING:

Attorney Greg Garbacz moves to be relieved as counsel for Defendant.

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 telephone and by 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, trial in this matter is set for July 23, 2024. (MC-052 ¶ 6.) There is a Post-Mediation Status Conference scheduled for hearing at 8:30 AM on May 23, 2024. (Id. ¶ 5.) The risk of prejudice to Plaintiff is therefore low due to the relative distance of trial. Moving Counsel’s declaration states that Defendant has breached a material term of its agreement with counsel by failing to timely pay for legal services. (MC-052 ¶ 2.) In light of the evidence presented and the low risk of prejudice at this juncture, the Court finds that these circumstances warrant withdrawal.

Accordingly, Attorney Greg Garbacz’s Motion to be Relieved as Counsel for Defendant is GRANTED.

This ruling is conditioned on Moving Counsel giving notice to all parties of the Court’s ruling.

IT IS SO ORDERED.

Dated:  April 10, 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.