Judge: William A. Crowfoot, Case: 22AHCV00649, Date: 2023-05-18 Tentative Ruling


Case Number: 22AHCV00649    Hearing Date: May 18, 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.

May 18, 2023

 

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On January 12, 2022, Anthony Cara of CDLG, PC filed this motion to be relieved as counsel of record for Plaintiff Jianying Wu.  The hearing on this motion was previously scheduled for February 27, 2023 but continued to May 18, 2023, with Mr. Cara ordered to appear at the hearing in person. 

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.)  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. 

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 hearing on the motion to be relieved. 

 

Moving party to give notice.

Dated this 18th day of May 2023     

 

 

 

 

William A. Crowfoot

Judge of the Superior Court

 

 

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.