Judge: Theresa M. Traber, Case: 24STCV12955, Date: 2024-08-05 Tentative Ruling

Case Number: 24STCV12955    Hearing Date: August 5, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     August 5, 2024                       TRIAL DATE: NOT SET

CASE:                         Ashely Gomilla, et al. v. Suna Goksel, et al.

CASE NO.:                 24STCV12955           

MOTION TO BE RELIEVED AS COUNSEL (x3)

MOVING PARTY:               Attorney Susan Murphy of Gomez Law, APC, counsel for Plaintiffs (1) Ashley Gomilla, (2) Jane Doe #1 and (3) Jane Doe #2.

RESPONDING PARTY(S): (1)(2) No response on eCourt as of 7/17/24

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for sexual assault and battery that was filed on May 22, 2024. Plaintiffs allege that Defendant sexually, verbally, and physically abused the Plaintiffs.

            Attorney Susan Murphy of Gomez Law, APC, counsel for Plaintiffs Ashley Gomilla, Jane Doe #1, and Jane Doe #2, moves to be relieved as counsel.

TENTATIVE RULING:

            Attorney Susan Murphy of Gomez Law, APC, counsel for Plaintiffs Ashley Gomilla, Jane Doe #1, and Jane Doe #2, moves to be relieved as counsel.

Moving counsel filed all three required forms (MC-051, -052, and -053). Moving counsel states that she has been unable to confirm the home addresses of the plaintiffs despite calling the clients’ last known telephone numbers, employing people-finder services, and sending texts and emails. (MC-052 ¶ 3(b).) Moving counsel has not received any response. (Id.)

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, trial in this matter is not yet set, and the only other hearing in this matter is a Case Management Conference at 8:30 AM on September 20, 2024. (See MC-052 ¶¶ 4-6.) The risk of prejudice to these Plaintiffs is therefore low. Moving Counsel states that withdrawal is necessary because there has been an irreparable breakdown of the attorney-client relationship that makes continuing representation impossible. (MC-052 ¶ 2.) In light of the low risk of prejudice to the parties at this juncture, the Court finds that Moving Counsel has demonstrated good cause for withdrawal.

 Accordingly, Attorney Susan Murphy’s Motion to Be Relieved As Counsel for Plaintiff Ashley Gomilla is GRANTED, contingent on Moving Counsel serving notice on all parties within 10 days of this order.

            Attorney Susan Murphy’s Motion to Be Relieved As Counsel for Plaintiff Jane Doe #1 is GRANTED, contingent on Moving Counsel serving notice on all parties within 10 days of this order.

Attorney Susan Murphy’s Motion to Be Relieved As Counsel for Plaintiff Jane Doe #2 is GRANTED, contingent on Moving Counsel serving notice on all parties within 10 days of this order.

IT IS SO ORDERED.

Dated:  August 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.