FRANCES SANTANA VS SMS SECURITY INC ET AL

Tentative Rulings

Case Number: ****8957    Hearing Date: October 08, 2020    Dept: 47

Frances Santana v. SMS Security, Inc., et al.

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Attorney Carney Shegerian, as counsel for Plaintiff Frances Santana.

RESPONDING PARTY(S): No opposition on eCourt as of September 26, 2020.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

This is a sexual harassment FEHA action in which Plaintiff alleged that she was sexually harassed by the CEO of Defendant SMS.

Attorney Carney Shegerian, Esq. moves to be relieved as counsel for Plainitff.

TENTATIVE RULING:

Attorney Carney R. Shegerian’s motion to be relieved as counsel is GRANTED. This order will be effective only upon filing a Proof of Service with the court demonstrating that the client was served with a copy of this ruling and a copy of the Order Granting Attorney's Motion to Be Relieved as Counsel – Civil (Form MC-053), completely filled out, including any additional hearings that may be scheduled.

DISCUSSION:

Motion To Be Relieved as Counsel

Attorney Carney R. Shegerian moves to be relieved as counsel for Plaintiff Frances Santana.

The Court may issue an order allowing an attorney to withdraw from representation, after notice to the client. (CCP ; 284(2).) California Rules of Court, Rule 3.1362 requires that the following Mandatory Judicial Council forms be filed for a motion to be relieved as counsel: Notice of Motion and Motion to Be Relieved as Counsel--Civil (form MC-051); Motion to Be Relieved as Counsel--Civil (form MC-052); and Order Granting Attorney's Motion to Be Relieved as Counsel--Civil (form MC-053). (See CRC Rule 3.1362(a), (c), (e).) These three forms must be served on the client and all other parties who have appeared in the case. (Rule 3.1362(d).)

Here, moving counsel filed all three required forms, and moving counsel’s proof of service indicates that all three forms were served on the client and the opposing party.

In his declaration, moving counsel states that there has been an irremediable breakdown in the attorney-client relationship. (MC-052 ¶ 2.) In general, an attorney may withdraw with or without cause as long as the withdrawal would not result in undue prejudice to the client’s interest – i.e., counsel cannot withdraw at a critical point in the litigation, because that would prejudice client, but can withdraw otherwise. (Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915.) The court has discretion to deny an attorney’s request to withdraw where the withdrawal would work an injustice or cause undue delay in the proceeding, but the court’s discretion in this area is one to be exercised reasonably. (Mandell v. Superior Court (1977) 67 Cal.App.3d 1, 4.)

Here, there are no future hearings currently scheduled in this case. (MC-052 ¶ 4; MC-053 ¶ 7.) Therefore, it does not appear that Plaintiff would be prejudiced by allowing her attorney to withdraw. In addition, because Plaintiff is suing in her individual capacity, she could choose to represent herself in pro per.

Accordingly, the motion to be relieved as counsel is GRANTED. This order will be effective only upon filing a Proof of Service with the court demonstrating that the client was served with a copy of this ruling and a copy of the Order Granting Attorney's Motion to Be Relieved as Counsel – Civil (Form MC-053), completely filled out, including any additional hearings that may be scheduled.

Moving counsel to give notice, unless waived.

IT IS SO ORDERED.

Dated: October 8, 2020 ___________________________________

Randolph M. Hammock

Judge of the Superior Court

Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing.  All interested parties must be copied on the email.  It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.