Judge: Thomas Falls, Case: 23PSCV00792, Date: 2023-04-19 Tentative Ruling
Case Number: 23PSCV00792 Hearing Date: April 19, 2023 Dept: O
Hearing Date: Wednesday,
April 19, 2023
RE: RASHONDA MICHELE MONTOYA vs GABRIEL BASSIM EL-JAOUNY, et
al. (23PSCV00792)
________________________________________________________________________
Counsel Albert
Abkarian’s Motion to Be Relieved
as Counsel
Responding Party: Unopposed as of
4/10 at 3 PM (due 9 court days before hearing [Thurs. 4-6])
Tentative Ruling
Counsel’s
Motion to Be Relieved as Counsel, is GRANTED effective upon [see below].
Background
This case arises from
a motor vehicle accident that occurred on March 20, 2021.
On March 16, 2023,
Plaintiff RASHONDA MICHELE MONTOYA filed suit against Defendants
GABRIEL BASSIM EL-JAOUNY and GRACE DE GUZMAN.[1]
On March 21, 2023, Plaintiff’s Counsel filed the
instant motion.
Discussion
Counsel seeks to be
removed as counsel for Plaintiff because Plaintiff has been uncommunicative with
counsel.
Indeed, the declarations indicate that aside from one
or two responses from Plaintiff, for the most part, despite the numerous calls,
emails, and texts to Plaintiff, she has not responded.
Therefore, considering that (i) Plaintiff has been
unresponsive and that (ii) the action has barely commenced such Plaintiff has
ample time to retain new counsel, which minimizes any concerns of prejudice, the
court finds good cause to grant the motion.
Conclusion
Based on
the foregoing, 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, Defendants, and all other parties who have appeared
in the case.
[1] Counsel retained
the case on November 18, 2021, and filed the action to preserve the statute of
limitations.