Department 58

Hearing Date: January 4, 2024

Case Name: Leif Rogers MD, PC v. Right Choice Construction

Case No.: 20STCV37907

Matter: Motion to Be Relieved as Counsel

Moving Party: Counsel for Cross-Complainant Renteria Flooring Specialist Corp.

Responding Party: Unopposed

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

Cross-Complainant Renteria Flooring Specialist Corp.’s counsel – Omar Gastelum of the Law Offices of Omar Gastelum and Associates – seeks to be relieved as counsel of record. No opposition was filed.

The motion to be relieved is granted.

Applicable Law

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).)

Discussion

Here, Attorney Gastelum has complied with the Rules of Court by filing all the appropriate forms (MC-051, MC-052, and MC-053). Further, he has submitted a supporting declaration providing an adequate explanation for why he is moving to be relieved as counsel; he asserts that his withdrawal is mandatory under the Ethic Rules and motion is required for a corporation. Although this is a close call, the explanation adequately indicates an ethical issue requires his withdrawal. Additionally, Form MC-052 indicates that notice was provided to Plaintiff via mail, and his client’s address was confirmed by conversation.

Trial in this matter is not set until April 22, 2024, and the next hearing is for a Status Conference, set for February 8, 2024. Thus, no prejudice will result from granting this motion.

Accordingly, the Court will grant the motion to be relieved as counsel.