Judge: Theresa M. Traber, Case: 23STCV17290, Date: 2024-10-29 Tentative Ruling
Case Number: 23STCV17290 Hearing Date: October 29, 2024 Dept: 47
Tentative Ruling
Judge Theresa M. Traber, Department 47
HEARING DATE: October 29, 2024 TRIAL
DATE: May 6, 2025
CASE: Jourjet Wassiely v. Reel Security
California, Inc., et al.
CASE NO.: 23STCV17290 
MOTION
TO BE RELIEVED AS COUNSEL
MOVING PARTY: Attorney Keith A. Custis, Counsel for Plaintiff
Jourjet Wassiely
RESPONDING PARTY(S): No response on
eCourt as of 10/25/24.
STATEMENT
OF MATERIAL FACTS AND/OR PROCEEDINGS:
This is an employment discrimination action that was filed on July 24,
2023. Plaintiff alleges that she was sexually harassed while working security
at a television production for Defendants. Plaintiff further alleges that she
was reassigned and had her hours reduced when she complained about the
harassment.
Attorney Keith A. Custis, counsel
for Plaintiff, moves to be relieved as counsel.
TENTATIVE RULING:
Attorney Keith A. Custis, counsel
for Plaintiff, moves to be relieved as counsel.
Moving counsel filed all three required forms (MC-051,
-052, and -053) and filed proofs of service with the Court. Moving counsel
served the motion on Plaintiff by personal service. (MC-052 ¶ 3(a).)
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.)
Moving Counsel states that
withdrawal is necessary because there has been a complete breakdown in the
attorney-client relationship. (MC-052 ¶ 2.) Here, trial in this matter is set
for May 6, 2025, and the next hearing on the matter is a Conference
Post-Resolve Law LA Virtual Mandatory Settlement Conference set to coincide
with this hearing. There is also a Final Status Conference on April 21, 2025.
at 9:00 AM. In light of the relative distance of trial and the absence of any
dispositive motions, the Court finds the risk of prejudice to Plaintiff is low
at this juncture. The Court therefore finds good cause to permit withdrawal
based on the representations of Moving Counsel as to the complete breakdown of
the attorney-client relationship.
Accordingly,
Attorney Keith Custis’s Motion to be Relieved as Counsel for Plaintiff Jourjet
Wassiely is GRANTED. This ruling is conditioned on Moving Counsel giving notice
of the ruling to all parties and filing proof of service with the Court.
IT IS SO ORDERED.
Dated: October 29,
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.