Judge: Anne Hwang, Case: 22STCV22791, Date: 2023-09-12 Tentative Ruling

Case Number: 22STCV22791    Hearing Date: September 12, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

BACKGROUND

            Plaintiff Michelle Moore’s (Plaintiff) counsel of record, Lori S. DeCristo of Pisegna & Zimmerman, LLC (Counsel), moves to be relieved as counsel for Plaintiff. Counsel contends relief is necessary because differences have arisen between the client and herself that preclude effective representation.

            No opposition has been filed for this motion. The Court notes the trial is currently set for January 11, 2024 with the final status conference on December 28, 2023.

LEGAL STANDARD

To be granted relief as counsel, counsel must comply with California Rules of Court (CRC) 3.1362. Even where grounds for termination exist, attorneys seeking to withdraw must comply with the procedures set forth in California Rule of Professional Conduct (CRPC) 3.700 and are subject to discipline for failure to do so. CRPC 3.700(B) lists various grounds for mandatory withdrawal. 

An attorney's right to terminate the attorney-client relationship and withdraw from a case is not absolute. (See Vann v. Shilleh (1975) 54 Cal.App.3d 192, 197; People v. Prince (1968) 268 Cal.App.2d 398.) The decision whether to grant or deny an application for withdrawal is within the court's discretion, and it does not abuse that discretion by denying the application on the ground that the attorney's withdrawal would work injustice upon a third party. (Hodcarriers, Bldg. and Common Laborers Local Union No. 89 v. Miller (1966) 243 Cal.App.2d 391.)

The rules have been liberally construed to protect clients. (Vann v. Shilleh, supra, 54 Cal.App.3d 192.) An attorney, either with client's consent or court's approval, may withdraw from a case when withdrawal can be accomplished without undue prejudice to client's interests; however, an attorney “shall not withdraw from employment until the member has taken reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client, including giving due notice to the client, allowing time for employment of other counsel, complying with rule 3-700(D), and complying with applicable laws and rules.” (CRPC 3.700(A)(2).) A lawyer violates his or her ethical mandate by abandoning a client (Pineda v. State Bar (1989) 49 Cal.3d 753, 758 759), or by withdrawing at a critical point and thereby prejudicing the client’s case. (CRPC 3.700(A)(2); Vann v. Shilleh, supra.)

DISCUSSION

Here, Counsel has properly filed forms MC-051, 052, and 053 according to CRC 3.1362. Additionally, the basis for the motion is that differences have arisen that will preclude counsel from providing effective representation. This is a valid reason for withdrawal. (See Prof. R. Conduct, rule 1.16.) 

However, counsel has failed to file proofs of service in connection with the motion to indicate that counsel served all documents on Plaintiff and all parties who have appeared in the action, as required. (Cal. Rules of Court, rule 3.1362(d).) Accordingly, the Court denies the motion without prejudice as procedurally defective.

CONCLUSION AND ORDER

            Therefore, the motion is DENIED without prejudice.

            Counsel is ordered to give notice and shall a file a proof of service of such.