Judge: Thomas D. Long, Case: 21STCV27507, Date: 2022-12-08 Tentative Ruling

Case Number: 21STCV27507    Hearing Date: December 8, 2022    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Steven A. Simons, counsel of record for Defendant Clarence Ellington, seeks to be relieved as counsel.  Counsel’s declarations state that he has an actual conflict of interest that has caused a breakdown of the attorney-client relationship, which makes further representation impossible and unprofessional.  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.  Trial is not until March 20, 2023, and there is no prejudice to Defendant.

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 Clarence Ellington 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 8th day of December 2022