Judge: Upinder S. Kalra, Case: 24STCV03137, Date: 2024-12-06 Tentative Ruling
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Case Number: 24STCV03137 Hearing Date: December 6, 2024 Dept: 51
Tentative Ruling
Judge Upinder S.
Kalra, Department 51
HEARING DATE: December
6, 2024
CASE NAME: Judith
Tierney v. Long Beach Unified School District, et al.
CASE NO.: 24STCV03137
MOTION
TO BE RELIEVED AS COUNSEL
MOVING PARTY: Stronglin
LLP, Counsel for Plaintiff Judith Tierney
RESPONDING PARTY(S): None as of December 3, 2024
REQUESTED RELIEF:
1. An
Order relieving Stronglin LLP as counsel for Plaintiff Judith Tierney.
TENTATIVE RULING:
1. Motion
to be Relieved as Counsel is GRANTED.
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
On February 6, 2024, Plaintiff Judith Tierney (Plaintiff)
filed a Complaint against Defendants Long Beach Unified School District and
Millikan High School (Defendants) with eight causes of action for: (1) Illegal
Harassment and Failure to Protect from Such in Violation of the FEHA, (2)
Illegal Discrimination and Failure to Protect from Such in Violation of the
FEHA, (3) Illegal Retaliation and Failure to Protect from Such in Violation of
the FEHA, (4) Illegal Failure and Refusal to Provide a Timely, Good Faith,
Interactive Process in Violation of FEHA, (5) Illegal Failure and Refusal to
Provide a Reasonable Accommodation in Violation of FEHA, (6) Violation of
Whistleblower Protection under Labor Code sec. 1102.5, and (8) Defamation and
Defamation Per Se (Civ. Code sec. 44 et seq.).
According to the Complaint, Plaintiff worked as a special
education teacher for Defendants. Plaintiff alleges that Defendants caused her
disability and then harassed and discriminated against her based on disability
and race.
On July 24, 2024, Plaintiff filed a First Amended Complaint.
On August 27, 2024, the parties stipulated to allow
Plaintiff to file a Second Amended Complaint which the court GRANTED.
On August 28, 2024, Plaintiff filed a Second Amended
Complaint (SAC).
On October 1, 2024, Defendant Long Beach Unified School
District (LBUSD) filed an Answer.
On October 25, 2024, Counsel for Plaintiff (Counsel) filed
the instant motion to be relieved as counsel.
On November 20, 2024, the court advanced the hearing on
Counsel’s motion to be relieved. Counsel served notice of the amended hearing
date on November 26, 2024. The court has received no oppositions as of December
3, 2024.
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 contends Plaintiff intends to substitute in new
counsel but Counsel has been unable to obtain new counsel’s signature. Counsel
further contends they have been unable to contact either of them since
September 18, 2024. New counsel was formerly with Strongin LLP. Counsel has
complied with the applicable CRC. Additionally, new counsel appeared at the
November 20, 2024 hearing and represented to this court that he would be
representing Plaintiff.
Accordingly, the court GRANTS Counsel’s motion to be
relieved.
CONCLUSION:
For
the foregoing reasons, the Court decides the pending motion as follows:
Moving party is to give notice.
1. Motion
to be Relieved as Counsel is GRANTED effective upon filing proof of service of
the order.
IT IS SO ORDERED.
Dated: December 6, 2024 __________________________________ Upinder
S. Kalra
Judge
of the Superior Court