Judge: William A. Crowfoot, Case: 22AHCV00649, Date: 2023-02-27 Tentative Ruling


Case Number: 22AHCV00649    Hearing Date: February 27, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT 

 

EVA NEUMANN, et al., 

Plaintiff(s), 

vs. 

 

SELENE FINANCING, L.P., et al., 

 

Defendant(s). 

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     CASE NO.: 22AHCV00649 

 

[TENTATIVE] ORDER RE: MOTION TO BE RELIEVED  

 

Dept. 3 

8:30 a.m. 

February 27, 2023 

 

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Tony Cara of CDLG, PC seeks to be relieved as counsel of record for Plaintiff Jianying Wu.  Counsel states that the attorney-client relationship has been compromised and it has been difficult to carry out representation effectively because the client has been uncooperative regarding the continuation of his case.   

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 no prejudice will result from granting this motion.   

However, Counsel identifies on the proposed order that the address provided for Plaintiff is Plaintiff’s “last known” address, which contradicts Counsel’s representation that he has been able to confirm Plaintiff’s address as current by mail.  This discrepancy is unexplained.  In addition, the proposed order lists a hearing that already took place on February 6, 2023, and therefore should not be included.   

Accordingly, the hearing is continued to [to be set at the hearing] so that Counsel may submit a revised proposed order.  The revised proposed order must be filed no later than five court days prior to the hearing.  Because this motion to be relieved as counsel is set to be heard on the same date as a case management conference, the Court notes that counsel must include in its revised proposed order any further dates set by this Court in this matter prior to the continued motion to be relieved.   

 

Moving party to give notice. 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@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.