Judge: Andrew E. Cooper, Case: 23CHCV02857, Date: 2025-05-08 Tentative Ruling

Case Number: 23CHCV02857    Hearing Date: May 8, 2025    Dept: F51

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F-51

MOTION TO BE RELIEVED AS COUNSEL

Motion filed: 1/27/25 

MOVING ATTORNEY: James S. Cooper (“Counsel”)

CLIENT: Defendants Golden State Equipment Rentals, Inc.; and Jaime Padilla (collectively, “Defendants”)

NOTICE: OK

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

TENTATIVE RULING: The motion is granted.

In a civil action, an attorney may move to be relieved as counsel at any time during the proceedings after giving notice to his client. (Code Civ. Proc. § 284.) The moving attorney shall file with his motion: (1) a notice of the motion, directed to the client using Judicial Council form MC-051; (2) a declaration in support of the motion using Judicial Council form MC-052; and (3) a proposed order granting the motion; all to be served on the client and all other parties who have appeared in the case. (Cal. Rules of Court, rule 3.1362.)

In his declaration, the moving attorney is required to state “in general terms, and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1).” (Id., subd. (c).) The client must be provided no less than five days’ notice before hearing on the motion. An attorney may withdraw from a case when it can be accomplished without undue prejudice to the client’s interests. (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) On the other hand, if the attorney withdraws at a critical point in the action, thereby prejudicing his client, he has violated his ethical duties. (Ibid.)

Here, Counsel filed this motion to be relieved as counsel for Defendants on 1/27/25. Counsel declares that that the motion and accompanying papers have been mailed to the client’s last known address, confirmed by telephone and conversation. (Decl. of James S. Cooper ¶ 3b.) Counsel has also served Plaintiff with the instant motion.

Counsel 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 states that “the attorney-client relationship has broken down” such that Counsel must withdraw from representing Defendants. (Id. at ¶ 2.) This matter is set for non-jury trial on 8/25/25, and the next hearing date is a mandatory settlement conference on 6/30/25. Therefore, Counsel’s withdrawal does not raise the risk of unduly prejudicing his clients.