Judge: Theresa M. Traber, Case: 23STCV10048, Date: 2023-10-20 Tentative Ruling

Case Number: 23STCV10048    Hearing Date: October 20, 2023    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     October 20, 2023                   TRIAL DATE: NOT SET

CASE:                         Sylvia Miller v. Estate of Gary Geoffrey Miller

CASE NO.:                 23STCV10048           

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Attorney Jeffrey E. Zinder, counsel for Plaintiff

RESPONDING PARTY(S): No response on eCourt as of 10/18/23

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for breach of contract that was filed on May 4, 2023. Plaintiff contends that Defendant, the estate of her life partner, failed to honor an oral agreement between them that Defendant would provide for Plaintiff’s financial support and needs for her lifetime.

Attorney Jeffrey E. Zinder, counsel for Plaintiff, moves to be relieved as counsel.

TENTATIVE RULING:

Attorney Jeffrey E. Zinder, counsel for Plaintiff, 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 Plaintiff by mail and confirmed the address is current by way of mail, return receipt requested. (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 not yet set for trial. (MC-052 ¶ 6.) The next hearing on calendar is a Case Management Conference and OSC Re: Failure to File Proof of Service scheduled for October 30, 2023 at 8:30 am. (MC-052 ¶ 4.). Moving Counsel’s declaration states that he is no longer able to represent Plaintiff due to a breakdown in the attorney-client relationship.  (MC-052 ¶ 2.) As trial has not yet been set and no substantive motions have been filed, the Court finds the risk of prejudice to Plaintiff to be low. In light of the breakdown of the attorney-client relationship, the Court finds these circumstances warrant permitting withdrawal.

Accordingly, Attorney Jeffrey E. Zinder’s Motion to Be Relieved as Counsel for Plaintiff is GRANTED, contingent on Moving Counsel serving notice on all parties within 10 days of this order.

IT IS SO ORDERED.

Dated:  October 20, 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.