Judge: Yolanda Orozco, Case: 22STCV06116, Date: 2023-05-02 Tentative Ruling

Counsel may submit on the tentative ruling by emailing Dept. 31 before 8:30 the morning of the hearing. The email address is smcdept31@lacourt.org. Please do not call the court to submit on the tentative. Please do not submit to the tentative ruling on behalf of the opposing party. Please do not e-mail the Court if you plan to appear and argue.

In deciding whether to submit on the tentative ruling or attend the hearing and present oral argument, please keep the following in mind:

The tentative rulings authored by this court reflect that the court has read and considered all pleadings and evidence timely submitted to the court in connection with the motion, opposition, and reply (if any). Because the pleadings were filed, they are part of the public record.

Oral argument is not an opportunity to simply regurgitate that which a party set forth in its pleadings. Nor, is oral argument an opportunity to "make a record" when there is no court reporter present and the statements and arguments of counsel are already part of the record because they were set forth in the pleadings. Finally, simply because a party or attorney disagrees with the court's analysis and ruling or is not satisfied with it does not necessarily warrant oral argument when no new arguments will be articulated.

If you submit on the tentative, you must immediately notify all other parties email that you will not appear at the hearing. 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 motions. If all parties to the motion submit, this tentative ruling will become the final ruling after the hearing date and it will be memorialized in a minute order. This tentative ruling is not an invitation, nor an opportunity, to file further documents relative to the hearing in question. No such document will be considered by the Court.

**Tentative rulings on Motions for Summary Judgment will only be available for review in the courtroom on the day of the hearing.

Case Number: 22STCV06116    Hearing Date: May 2, 2023    Dept: 31

PROCEEDINGS:¿    MOTION TO BE RELIEVED AS COUNSEL 

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MOVING PARTY:¿  Counsel for Defendant Alejandro Jose Guerrero

RESP.¿ PARTY:¿       None  

MOTION TO BE RELIEVED AS COUNSEL 

TENTATIVE RULING

Sean A. Andrade’s, Henry H. Gonzalez’s, and Andrade Gonzalez LLP’s Motion to be Relieved as counsel for Defendant Alejandro Jose Guerrero is DENIED WITHOUT PREJUDICE.

Legal Standard

An attorney can be changed or substituted at any time before or after judgment or final determination upon request by either the client or attorney and after notice from one to the other. (Code Civ. Proc., § 284.) “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 Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).)¿¿ 

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In addition, California Rules of Court, rule 3.1362(d) requires that the Notice of Motion and Motion (MC-051), Declaration (MC-052), and Proposed Order (MC-053) be served on the client and all other parties who have appeared in the case by personal service, electronic service, or mail. (Cal. Rules of Court, rule 3.1362(d).)¿¿If the notice is served by mail, it must be accompanied by a declaration stating facts showing that either:¿¿ 

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(A) The service address is the current residence or business address of the client; or¿¿ 

(B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved. (Cal. Rules of Court, rule 3.1362(d), subd. (1) & (2).)¿

Discussion

Sean A. Andrade, Henry H. Gonzalez, and Andrade Gonzalez LLP seek to be relieved as counsel for Defendant Alejandro Jose Guerrero. Defense Counsel assert that their has been a complete breakdown in the attorney-client relationship and their client has failed to communicate with counsel for an extended period of time making it impossible for Counsel to properly represent Mr. Guerrero in this proceeding. (MC-052.) Moreover, Mr. Guerrero is in default of his retainer agreement with Counsel. (MC-052.)

Service

Defense Counsel represents that the client was personally served at their last known address with a copy of this motion. However, Defense Counsel has failed to file Proof of Service showing that all parties who have appeared in this action have been served with notice of this motion. (See Cal. Rules of Court, rule 3.1362 subd. (d).) Moreover, Defense Counsel failed to file a Proposed Order (MC-053).

Therefore, the motion is DENIED WITHOUT PREJUDICE.

Conclusion

Sean A. Andrade’s, Henry H. Gonzalez’s, and Andrade Gonzalez LLP’s Motion to be Relieved as counsel for Defendant Alejandro Jose Guerrero is DENIED WITHOUT PREJUDICE.