Judge: Armen Tamzarian, Case: 23STCV08513, Date: 2024-09-12 Tentative Ruling

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Case Number: 23STCV08513    Hearing Date: September 12, 2024    Dept: 52

The Brinton Firm, PC’s Motion to Be Relieved as Counsel for Plaintiffs

Matthew L. Brinton of The Brinton Firm, PC moves to be relieved as counsel for plaintiffs Brenda J. Core and Jamar Brown-Core.  “To protect the best interests of the client, a trial court should have broad discretion in allowing attorneys to withdraw,” such as when “the relationship between” lawyer and client has “completely broken down.”  (Estate of Falco (1987) 188 Cal.App.3d 1004, 1014.)  But “[t]he right of counsel to withdraw from pending litigation is not absolute.”  (Vann v. Shilleh (1975) 54 Cal.App.3d 192, 197.)  Courts have “discretion to deny an attorney’s request to withdraw where such withdrawal would work an injustice or cause undue delay in the proceeding.”  (Mandell v. Superior Court (1977) 67 Cal.App.3d 1, 4.) 

Brinton’s declaration states, “The attorney-client relationship has broken down in this matter, due to the clients’ failure to follow counsel’s advice on numerous material matters and conflicts between counsel and the clients concerning case strategy.”  (Brinton Decl., ¶ 2.)  Plaintiff Brenda J. Core served and filed a response to Brinton’s motion.  She asserts the breakdown in the attorney-client relationship revolves around one issue: she “declined the settlement offer of $60,000,” and Brinton does not want to go to trial.     

After considering all relevant factors, the court finds Brinton has not shown sufficient grounds to be relieved as counsel.  He also has not shown “he has taken reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client, such as giving the client sufficient notice to permit the client to retain other counsel.”  (Cal. Rules of Prof. Conduct, rule 1.16(d).)  Plaintiffs filed this action on April 17, 2023.  The trial is set for November 6, 2024.  Permitting plaintiffs’ counsel to withdraw this soon before trial is likely to prejudice plaintiffs or unduly delay the trial.  Moreover, plaintiff Brenda J. Core lives in Arlington, Texas.  (Brinton Decl., ¶ 3.b(d).)  Her distance from this venue may reduce the likelihood of plaintiffs finding another attorney to represent them. 

Matthew L. Brinton of The Brinton Firm, PC’s motion to be relieved as counsel for plaintiffs is denied.