Judge: Alison Mackenzie, Case: 24STCV11687, Date: 2024-09-30 Tentative Ruling

Case Number: 24STCV11687    Hearing Date: September 30, 2024    Dept: 55

24STCV11687

Motion to be Relieved as Attorney of Record

This is a contract dispute case brought by Plaintiff Career Group, Inc. against Vinivia, Inc. Counsel for Defendant Vinivia has filed a motion to be relieved as counsel.

“The determination whether to grant or deny an attorney’s motion to withdraw as counsel of record 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.” Lempert v. Sup. Ct. (2003) 112 Cal.App.4th 1161, 1173.

Here, the form notice, declaration, and proposed order sufficiently comply with the requirements for a motion to be relieved as counsel. See Cal. Rules of Court, rule 3.1362. However, Defendant has not filed a proof of service as is required under the rules.

Moving counsel’s declaration shows a cognizable ground for withdrawal: Client conduct that renders is unreasonably difficult for the lawyer to carry out the representation. Rules Prof. Conduct, rule 1.16(b)(4).

Finally, no opposing document has been filed showing any prejudice to the client. See Rules Prof. Conduct, rule 1.16(d).

The Court cannot grant the motion without Defendant’s counsel providing a proof of service of the motion, declaration, and proposed order on both Defendant and Plaintiff. Upon showing the proof of serve, the Court would grant the motion.