Judge: Andrew E. Cooper, Case: 23CHCV01000, Date: 2023-12-12 Tentative Ruling

Case Number: 23CHCV01000    Hearing Date: December 12, 2023    Dept: F51

MOTION TO BE RELIEVED AS COUNSEL

Motion filed: 11/9/23 

MOVING ATTORNEY: Kelvin J. Lo (“Counsel”)

CLIENT: Plaintiff Zeeba Automotive Group (“Plaintiff”)

NOTICE: OK

RELIEF REQUESTED: An order relieving Counsel as attorney of record for Plaintiff. 

TENTATIVE RULING: The motion is granted.

Here, Counsel filed this motion to be relieved as counsel for Plaintiff on 11/9/23. Counsel served his client by mail, and has filed a declaration stating that the client’s mailing address was verified by email correspondence. (Decl. of Kelvin J. Lo, ¶ 3b.) Counsel also filed a proof of service showing that the requisite documents were served on all remaining parties by mail on 11/9/23.

Counsel properly filed an accompanying notice of the motion using Judicial Council form MC-051, a declaration in support of his motion using form MC-052, and a proposed order granting the motion using form MC-053. In the MC-052 declaration, Counsel cited irreconcilable differences and a deterioration of the attorney-client relationship such that Counsel must withdraw from representation of Plaintiff. (Lo Decl., ¶ 2.) The next hearing date in this action is a case management conference, set for 12/12/23, the same date as the instant hearing. No trial date has been set. Therefore, Counsel’s withdrawal does not raise the risk of unduly prejudicing his client.

Accordingly, the statutory requirements for the motion have been satisfied, and Counsel’s motion to be relieved as counsel for Plaintiff is GRANTED.