Judge: William A. Crowfoot, Case: 21STCV09986, Date: 2022-12-05 Tentative Ruling

Case Number: 21STCV09986    Hearing Date: December 5, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

ARBEL CORREA RIVERA,

                   Plaintiff(s),

          vs.

 

TRISTA YVONNE PISANI,

 

                   Defendant(s).

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      CASE NO.: 21STCV09986

 

[TENTATIVE] ORDER RE: MOTION TO BE RELIEVED

 

Dept. 27

1:30 p.m.

December 5, 2022

 

 

 

 

Raul J. Ocampo of BD&J, P.C. seeks to be relieved as counsel of record for Plaintiff Arbel Correa Rivera on grounds that there has been a significant breakdown in the attorney-client relationship.  Absent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted.  (People v. Prince (1968) 268 Cal.App.2d 398, 406.) 

Counsel’s Motion complies with California Rules of Court, Rule 3.1362.  The Court notes that trial in this matter is not yet set and the defendant recently filed an answer on November 14, 2022.  Therefore, no prejudice will result from granting this motion. Accordingly, this unopposed motion to be relieved is GRANTED and effective upon filing a proof of service showing service of this Order on Plaintiff and all parties who have appeared.

The proposed order does not inform the Plaintiff that there is an OSC Re: Dismissal for Failure to Request Entry of Default Judgment scheduled for January 11, 2023 at 8:30 a.m.  However, because the defendant has already filed an answer, the OSC would be discharged.  Accordingly, the Court advances and vacates the OSC.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.