Judge: Thomas Falls, Case: 21PSCV00834, Date: 2022-09-12 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, attorneys are advised to check this website to determine if any changes or updates have been made to the tentative ruling. Counsel may submit on the tentative rulings by calling the clerk in Dept. R at 909-802-1117 before 8:30 the morning of the hearing.

Case Number: 21PSCV00834    Hearing Date: September 12, 2022    Dept: R

UBER FREIGHT vs LIL PICK UP INC. (21PSCV00834)

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Defense Attorney JOSEPH FRONDLE’S Motion to Be Relieved as Counsel

Tentative Ruling

Defense Attorney JOSEPH FRONDLE’S Motion to Be Relieved as Counsel, is GRANTED effective upon [see below]

Background

Plaintiff Uber Freight alleges that Defendant Lil Pick Up Inc. is indebted to Plaintiff in the sum of $81,876.16.

On October 12, 2021, Plaintiff filed suit against Defendant for

1.      Open Book Account

2.      Account Stated and

3.      Reasonable Value

On November 16, 2021, Defendant filed its Answer and a Cross-Complaint against Plaintiff and Jaap Trucking Inc.

On January 7, 2022, Plaintiff filed its Answer to the cross complaint (“CC”) and filed a CC against Jaap Trucking.

On February 10, 2022, Jaap Trucking filed its Answer to Defendant’s CC and filed a CC against Plaintiff and Defendant.

On March 2, 2022, Jaap filed its Answer to Plaintiff’s CC.

On March 2, 2022, Defendant filed its Answer to Jaap’s CC.

On May 26, 2022, Plaintiff filed its Answer to Jaap’s CC.

On August 15, 2022, Defense Counsel filed the instant motion.

Discussion

Defense counsel for Lil Pick Up Inc. seeks to be relieved because the communications between him and the client have deteriorated. Moreover, Defendant requests Defense Counsel to perform all discovery without the involvement of the client, which is “simply not possible.” Without the client’s meaningful involvement in the case, ultimately the client would be prejudiced. Therefore, as all forms are submitted and good cause exists, the court GRANTS the motion.

Conclusion

Based on the foregoing, Defense Counsel’s Motion to Be Relieved as Counsel is GRANTED, effective upon the filing of proof of service of this court’s order relieving Counsel, sent to Plaintiff, Defendant(s), Cross-Defendant(s) and all other parties who have appeared in the case.