Department 58

Hearing Date: September 18, 2023

Case Name: Bevan v. Higley

Case No.: 22STCV16218

Matter: Motion to Be Relieved as Counsel

Moving Party: Counsel for Defendant Cordelia Higley

Responding Party: Unopposed

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

Background and procedural history

This action arises from a dispute over the real property located at 2906 East Ave., R7, Palmdale, CA 93550 (Property). On May 16, 2022, Plaintiffs Kathleen Bevan (as Successor Trustee of the Gilbert A. Bolton Trust 2012), Kathleen Bevan, and Adam Bolton (Plaintiffs) filed a Complaint against Defendants Cordelia Higley and Midfirst Bank – alleging causes of action for (1.) sale by partition, (2.) cancellation of quitclaim deeds, (3.) cancellation of affidavit of death of joint tenant, and (4.) cancellation of grant deeds.

Now, Defendant Cordelia Higley’s counsel – James Hornbuckle – seeks to be relieved, citing an irreparable breakdown of the attorney-client relationship. No opposition was filed.

The motion to be relieved is denied.

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 Hornbuckle has complied with the Rules of Court by filing all the appropriate forms (MC-051, MC-052, and MC-053). He has also submitted a supporting declaration providing an adequate explanation for why he is moving to be relieved as counsel. Additionally, Form MC-052 indicates that notice was provided to Defendant Higley via mail and his client’s address was confirmed by return receipt.

However, this motion is set to be heard on September 18, 2023, and trial in this matter is set for the following day – September 19, 2023. The prejudice to Defendant Higley in granting this motion is substantial; it would leave her without an attorney for trial.

Accordingly, the Court denies the motion to be relieved as counsel based on the substantial prejudice to Defendant Higley.