Judge: Thomas D. Long, Case: 22STCV13110, Date: 2022-11-01 Tentative Ruling

Case Number: 22STCV13110    Hearing Date: November 1, 2022    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

CONCEPCION HERNANDEZ PENALOZA, et al.,

                        Plaintiffs,

            vs.

 

CYNTHIA MENDEZ, et al.,

 

                        Defendants.

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      CASE NO.: 22STCV13110

 

[TENTATIVE] ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL

 

Dept. 48

8:30 a.m.

November 1, 2022

 

Susan Murphy, counsel of record for Plaintiffs Concepcion Hernandez Penaloza and Juan M. Hernandez, seeks to be relieved as counsel.  Counsel’s declaration states that an irreparable breakdown of the attorney-client relationship has occurred that makes representation impossible.  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 October 23, 2023, and there is no prejudice to Plaintiffs.

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 Concepcion Hernandez Penaloza, Juan M. Hernandez, 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 1st day of November 2022

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court