The motion of Mahoney Law Group, APC for an order relieving it as counsel of record for plaintiff Andres Guevara now satisfies all the requirements for it to be granted, but granting the motion would leave this case as a headless class action with no operative pleading on file. The court believed the motion would be moot if plaintiff failed to timely file a First Amended Complaint and defendant applied ex parte for a dismissal under CCP §581(f)(2), which case law holds is proper. Although plaintiff did not timely file an amended pleading, defendant has not yet sought a dismissal. Thus, there will be no tentative ruling on the motion at this time.
A Status Conference is also set for today and will go forward.
Moving counsel is ordered to give notice of the ruling.
Hearing Date
April 13, 2018
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The motion of Mahoney Law Group, APC for an order relieving it as counsel of record for plaintiff Andres Guevara now satisfies all the requirements for it to be granted, but granting the motion would leave this case as a headless class action with no operative pleading on file. The court believed the motion would be moot if plaintiff failed to timely file a First Amended Complaint and defendant applied ex parte for a dismissal under CCP §581(f)(2), which case law holds is proper. Although plaintiff did not timely file an amended pleading, defendant has not yet sought a dismissal. Thus, there will be no tentative ruling on the motion at this time.
A Status Conference is also set for today and will go forward.
Moving counsel is ordered to give notice of the ruling.