Judge Bruce G. Iwasaki

Department 58

Hearing Date: March 28, 2024

Case Name: Feldman v. Yapstone, Inc.

Case No.: 19STCV14523

Matter: Motion to Be Relieved as Counsel

Moving Party: Counsel for Defendant Yapstone Holdings, Inc. dba Yapstone, Inc.

Responding Party: Unopposed

Tentative Ruling: The Motion to be Relieved as Counsel is granted.

Defendant Yapstone Holdings, Inc.’s counsel – Theresa A. Kristovich of Kabat Chapman & Ozmer LLP – seeks to be relieved as counsel of record.

The motion to be relieved as counsel is granted.

Discussion

An attorney is entitled to withdraw upon the consent of the client, or without that consent if approved by the court. (Code Civ. Proc., § 284; Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) In the latter case, counsel must make a motion to be relieved as attorney of record. The motion must be made using mandatory forms: Notice of Motion and Motion to be Relieved as Counsel – Civil (MC-051), Declaration (MC-052), and Proposed Order (MC-053). (Cal. Rules of Court, rule 3.1362, subd. (a), (b), (e).)

The declaration accompanying the motion to be relieved as counsel must 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).” (Cal. Rules of Court, rule 3.1362, subd. (b).)

The notice to the client must be done by personal service, electronically, or mail. If it is done via mail under Code of Civil Procedure section 1013, it must be accompanied by a declaration confirming the service address to be the most current residence or that it is the client’s last known address, and the attorney has been unable to locate a more current address. (Cal. Rules of Court, rule 3.1362, subd. (d)(1)(A)-(B).)

Here, Attorney Kristovich has complied with the Rules of Court by filing all the appropriate forms (MC-051, MC-052, and MC-053). She has also submitted a supporting declaration providing an adequate explanation for why she is moving to be relieved as counsel; she asserts that there has been a breakdown in the attorney-client relationship which interferes with her ability to provide adequate representation and Defendant Yapstone has failed to adhere to the material terms of its retainer agreement.

Further, Form MC-052 indicates that notice was provided to Defendant via mail and her client’s address was confirmed by email.

Additionally, trial in this matter is not set until August 12, 2024, and the next hearing is a Status Conference for June 6, 2024. Although trial is less than six months away, Defendant Yapstone has not opposed the motion asserting any prejudice will result from granting this motion; thus, the Court may infer there is adequate time to retain new counsel.

The Court grants the motion to be relieved as counsel.