Judge: Thomas Falls, Case: 21PSCV00907, Date: 2023-05-02 Tentative Ruling

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Case Number: 21PSCV00907    Hearing Date: May 2, 2023    Dept: O

Hearing Date:                         Monday, May 1, 2023

Defense Counsel Richard J. Morin’s Motion to be Relieved as Counsel

Responding Party: Unopposed

Tentative Ruling

Defense Counsel Richard J. Morin’s Motion to be Relieved as Counsel is GRANTED, effective upon [see below].

Background

This is an ADA case.

On November 5, 2011, Plaintiff filed the instant action against Defendant Lemonshark, LLC.

On February 2, 2022, Defendant filed its Answer.

On December 20, 2022, Defendant filed a substitution of attorney replacing Morris Steven Getzels as counsel with Richard Morin.

On March 20, 2023, Defense Counsel Morin filed the instant motion.

Discussion

Defense Counsel states that Defendant “by other conduct renders it unreasonably difficult for the lawyer to carry out the representation effectively.” (MC-052 form.)

As the court is generally most concerned with any prejudice to a client, especially here wherein Defendant is a corporate entity requiring representation by an attorney, Defendant “knowingly and freely assents to termination of the representation.” Accordingly, as the action has barely commenced and no motions are calendar requiring immediate representation, Defendant has ample time to obtain new counsel. Lastly, all parties (Plaintiff and Defendant) have been properly served.

Therefore, the court finds good cause to grant the motion.

Conclusion

Based on the foregoing, Defense Counsel’s Motion to Be Relieved as Counsel is GRANTED effective upon filing of the proof of service of this order on all parties who have appeared in the case.