Judge: Thomas D. Long, Case: 20STCV20473, Date: 2022-11-29 Tentative Ruling

Case Number: 20STCV20473    Hearing Date: November 29, 2022    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Timothy A. Lambirth and M. Renee Orth, counsel of record for Plaintiff Dana Urick, seek to be relieved as counsel.  Counsel’s declaration states that Mr. Lambirth plans to retire in January 2023, and Ms. Orth does not have enough time or trial experience to handle this matter alone.  These ordinarily would be not sufficient reasons for the Court to relieve counsel.  However, counsel also declares that there has been an irremediable breakdown in communication between the client and counsel.  No party opposed the motion.

Absent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted.  (People v. Prince (1968) 268 Cal.App.2d 398, 406.)  Counsel’s motion complies with California Rules of Court, rule 3.1362.  This case is stayed pending further proceedings in the underlying probate action, so there is no prejudice to Plaintiff.

The unopposed motion to be relieved is GRANTED and effective upon filing a proof of service showing service of the signed Form MC-053 orders and this order on Dana Urick and all parties who have appeared.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

         Dated this 29th day of November 2022