Judge: Anne Kiley, Case: 22STCV31119, Date: 2024-02-16 Tentative Ruling

Case Number: 22STCV31119    Hearing Date: February 16, 2024    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

Moving Party: Attorney Andrew J. Ulwelling

Responding Party: Unopposed

This action arises from a scooter accident on the sidewalk on November 4, 2021.  Plaintiff Paul John Donegan (“Plaintiff”) alleges that his scooter struck a sign bae that was sticking out from the sidewalk, causing Plaintiff to fall on the ground, resulting in injuries to him.  On September 22, 2022, Plaintiff filed his complaint against Defendants City of Los Angeles, Los Angeles Department of Water and Power, County of Los Angeles, 4075 Lincoln Boulevard d.b.a. Felipe’s Car Wash, 4075 Lincoln Boulevard d.b.a. Del Rey Smog, 4075 Lincoln Boulevard d.b.a. Morfia’s Ribs & Pies, and Vincent Nguyen, and Maggie Nguyen, asserting cause of action for general negligence and premises liability.

On January 5, 2024, attorney Andrew J. Ulwelling filed the instant motions to be relieved as counsel of Defendant Los Angeles Department of Water and Power and Defendant City of Los Angeles.  No opposition has been filed.

Motion to be Relieved as Counsel

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other.  (Code of Civ. Proc., § 284.)  An attorney is permitted to seek to withdraw where conflicts between the attorney and client make it unreasonable to continue the representation.  (See Cal. Rules of Prof. Conduct 3-700, subd. (C)(1).)  “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.”  (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.)

An application to be relieved as counsel must be made on Judicial Counsel Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order).  (Cal. Rules of Court, rule 3.1362, subd. (a), (c), (e)).

Further, the requisite forms must be served on the client and all other parties who have appeared in the case.  (Cal. Rules of Court, rule 3.1362, subd. (d).)  The court may delay effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court.  (Cal. Rules of Court, rule 3.1362, subd. (e).)

Discussion

Attorney Andrew J. Ulwelling (“Counsel”) seeks to be relieved as counsel of Defendant Los Angeles Department of Water and Power and Defendant City of Los Angeles (collectively “Defendants”).  The motions are unopposed and will be granted based on the following.

Counsel has filed forms MC-051 and MC-052 and has lodged with the Court a copy of the proposed order on form MC-053 as required.  (Cal Rules of Court, rule 3.1362.)  The basis for the motion is the attorney-client relationship has been compromised under California Rules of Professional Conduct section 3-700 subdivision (C) (f).  This is a valid reason for withdrawal.  Counsel declares he served Defendants by mail at Defendants’ last known address with copies of the motion papers served with Counsel’s declaration; and Counsel confirmed Defendants’ address through their website.  Counsel has filed proof of service to indicate that Counsel served the notice and motion, declaration, and order on Defendants and other parties, as required.  Counsel declares the next hearing in this action is the Final Status Conference set for March 7, 2024 and Trial is set for March 21, 2024.  However, since the filing of the instant motions, the Court continued the Final Status Conference and Trial to June 17, 2024 and July 1, 2024, respectively; thus, there will be time for Defendants to obtain other counsel or prepare for trial. 

Accordingly, the motions to be relieved as counsel are GRANTED.

Conclusion

The motions to be relieved as counsel of Defendant Los Angeles Department of Water and Power and Defendant City of Los Angeles filed by attorney Andrew J. Ulwelling are GRANTED, effective upon the filing of a proof of service of notice of this ruling.

Moving party to give notice. 

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar. 

Dated this 16th day of February 2024