Judge: Upinder S. Kalra, Case: 23STCV28292, Date: 2025-01-16 Tentative Ruling

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Case Number: 23STCV28292    Hearing Date: January 16, 2025    Dept: 51

Tentative Ruling

Judge Upinder S. Kalra, Department 51

HEARING DATE:   January 16, 2025                                            

CASE NAME:           Bianca Martinez v. Cube World USA Inc., et al.

CASE NO.:                23STCV28292

MOTIONS TO BE RELIEVED AS COUNSEL

MOVING PARTY:  Adli Law Group P.C.

RESPONDING PARTY(S): None as of January 10, 2025

REQUESTED RELIEF:

1.      An Order Relieving Adli Law Group P.C. as Counsel for Defendants Cube World USA Inc., Cube World USA LLC, and Kevin Maxwell.

TENTATIVE RULING:

1.      Motions to be Relieved as Counsel are CONTINUED to January 29, 2025 at 9:00 a.m.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

On November 17, 2023, Plaintiff Bianca Martinez (Plaintiff) filed a Complaint against Defendants Cube World USA Inc., Cube World USA, LLC, and Kevin Maxwell (Defendants) with eight causes of action for: (1) Sexual Harassment; (2) Failure to Prevent Harassment; (3) Assault; (4) Sexual Battery; (5) Retaliation / Wrongful Constructive Termination; (6) Constructive Discharge in Violation of Public Policy; (7) Failure to Provide Accurate Wage Statements; and (8) Intentional Infliction of Emotional Distress.

According to the Complaint, Plaintiff worked for Defendants as an executive assistant where she experienced unwanted, severe, and/or pervasive sexual harassment. Plaintiff further alleges that due to this conduct she had not choice but to resign. Plaintiff also alleges labor law violations.

On March 18, 2024, Defendants filed an Answer.

On September 19, 2024, Counsel Adli filed the instant Motions to be Relieved as Counsel for Defendants Cube World USA Inc., Cube World USA LLC, and Kevin Maxwell. Oppositions were due on or before January 3, 2025. As of January 10, 2025, the court has not received any opposition.

LEGAL STANDARD:

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other.¿¿ (Code of Civ. Proc., § 284,¿subd. (b).)¿ An attorney is permitted to withdraw where conflicts between the attorney and client make it unreasonable to continue the representation.¿ (See Cal. Rules of Prof. Conduct 3-700(C)(1).)¿ “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court¿(1998) 66 Cal.App.4th 1128, 1133.)¿¿¿¿ 

¿¿ 

An application to be relieved as counsel must be made on Judicial Counsel Form MC-051 (Notice of Motion and Motion) (Cal. Rules of Court 3.1362(a)), MC-052 (Declaration) (Cal. Rules of Court 3.1362(c)), and MC-053 (Proposed Order) (Cal. Rules of Court 3.1362(e)).¿¿¿¿ 

¿¿ 

Further, the requisite forms must be served on the client and all other parties who have appeared in the case.¿ (Cal. Rules of Court 3.1362(d).)¿ The court may delay effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court.¿ (Cal. Rules of Court 3.1362(e).)¿¿ 

ANALYSIS:

Counsel indicates that irreconcilable differences have arisen with each Client making it unreasonably difficult to carry out the representation. Counsel indicates that Defendants were each personally served with the motions. However, there is no proof of service on file with the court.

Accordingly, the court CONTINUES the motions to be relieved as counsel to allow Counsel the opportunity to file adequate proof of service.

CONCLUSION:

            For the foregoing reasons, the court decides the pending motion as follows:

1.      Motions to be Relieved as Counsel are CONTINUED to January 29, 2025 at 9:00 a.m.

Moving party is to give notice.

IT IS SO ORDERED.

Dated:             January 16, 2025                     __________________________________                                                                                                                Upinder S. Kalra

                                                                                    Judge of the Superior Court