Judge: Yolanda Orozco, Case: 21STCV08176, Date: 2022-09-14 Tentative Ruling

Case Number: 21STCV08176    Hearing Date: September 14, 2022    Dept: 31

MOTIONS TO BE RELIEVED BY PLAINTIFFS’ COUNSEL ARE GRANTED 

Background 

            On March 2, 2021,  2022, Plaintiffs EVA SALINAS LUNA, BARTOLO MILLAN, and JOSSELIN ALEXANDRA MILLAN SALINAS filed this action against Defendants RACHEL D. SON AND DENNIS H. SON. 

            Defendants filed a cross-complaint on April 26, 2021. 

            On August 24, 2022, counsel for Plaintiffs, Marcus Gomez, filed a Motion to Be Relieved as Counsel for all the Plaintiffs citing irreconcilable differences.  The hearing on the Motion as to Plaintiff Josselin Alexandra Millan Salinas is advanced from September 16, 2022 and will be heard concurrent with the other Motions. 

Legal Standard 

            “The question of granting or denying an application of an attorney to withdraw as counsel (Code Civ. Proc., § 284, subd. (2)) is one which lies within the sound discretion of the trial court ‘having in mind whether such withdrawal might work an injustice in the handling of the case.’  [Citation.]”  (People v. Prince (1968) 268 Cal.App.2d 398, 406 [internal quotations omitted].)  The court should also consider whether the attorney’s “withdrawal can be accomplished without undue prejudice to the client’s interests.”  (Ramirez v. Sturdivant (1994) 21 Cal.App.4th 904, 915.) 

            California Rules of Court, rule 3.1362 requires that the following be submitted in support of an attorney’s Motion to Be Relieved as Counsel pursuant Code of Civil Procedure section 284, subdivision (2): (1) a notice of motion and motion directed to the client (made on Notice of Motion and Motion to Be Relieved as Counsel—Civil (Judicial Council Form, MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284, subdivision (2) is brought instead of filing a consent under Code of Civil Procedure section 284, subdivision (1) (made on Declaration in Support of Attorney’s Motion to Be Relieved as Counsel—Civil (Judicial Council Form, MC-052)); (3) a proof of service evidencing service of the notice of motion and motion, declaration, and proposed order on the client and on all other parties who have appeared in the case; and (4) a proposed order relieving counsel (prepared on Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil (Judicial Council Form, MC-053)).  (Cal. Rules of Court, rule 3.1362, subd. (a), (c), (d), (e).) 

Discussion 

            Plaintiffs’ counsel, Marcus Gomez, filed Motions to Be Relieved as Counsel for all the Plaintiffs citing irreconcilable differences and lack of cooperation such that counsel is unable to effectively represent them. 

            Following review of Plaintiffs’ Counsel’s Motions to Be Relieved, the Court finds that the Motions complies with all necessary requirements, as set forth in California Rules of Court, rule 3.1362.  (Cal. Rules of Court, rule 3.1362.)  

            The Court finds Plaintiffs’ Counsel’s requested withdrawal is warranted and the Court GRANTS the Motions. 

            The trial is this matter is set on July 3, 2023 which is ample time for Plaintiffs to either retain new counsel or indicate to the Court that they will represent themselves. 

Conclusion 

            Marcus Gomez’s Motions to Be Relieved as Counsel are GRANTED.  

            Once signed, the Orders Granting Attorney’s Motion to Be Relieved as Counsel—Civil (MC-053) must be served on the client and on all parties that have appeared in the case.  (Cal. Rules of Court, rule 3.1362, subd. (e).)  The Orders will not be effective until proof of service of  of the signed Order on the client has been filed with the Court.  (Ibid.) 

The parties are strongly encouraged to attend all scheduled hearings virtually or by audio. Effective July 20, 2020, all matters will be scheduled virtually and/or with audio through the Court’s LACourtConnect technology. The parties are strongly encouraged to use LACourtConnect for all their matters. All masking protocols will be observed at the Courthouse and in the courtrooms.