Judge: Thomas Falls, Case: 22PSCV00579, Date: 2023-03-10 Tentative Ruling

Case Number: 22PSCV00579    Hearing Date: March 10, 2023    Dept: O

Hearing Date:                         Friday, March 10, 2023

Counsel Scott Fridley’s Motion to Be Relieved as Counsel

Responding Party: Unopposed

Tentative Ruling

Counsel Scott Fridley’s Motion to Be Relieved as Counsel is TBD/GRANTED, effective upon [see below]

Background

This case arises from allegations of improper trust distribution(s).

On June 14, 2022, the action was filed.

On October 25, 2022, Plaintiff filed a Notice of Related Case 22STPB00755.

On February 10, 2023, the instant motion was filed.

On March 1, 2023, the Second Amended Complaint (“SAC”) was filed.

Discussion

Plaintiff’s Counsel seeks to be relieved as counsel because the attorney-client relationship has suffered irreparable harm and that the client has breached their contractual agreement. As there is no opposition filed to explain prejudice and Counsel has complied with all requirements, the court finds good cause in granting the motion.

However, that said, the court does not find a proof of service indicating that Defendants/Defense Counsel have been served. If (at the hearing) Plaintiff’s Counsel provides proof of service that Defendants were also timely served with notice of the motion and the motion, the court will grant the motion.

Conclusion

Based on the foregoing, Plaintiff’s Counsel’s Motion to Be Relieved as Counsel is TBD/GRANTED, effective upon (1) a showing that Defendants/Defense Counsel were timely served with notice of the motion and (2) filing of the proof of service of this order on all parties who have appeared in the case.