Department 58

Hearing Date: December 13, 2023

Case Name: Yang v. Mi in Fashion

Case No.: 22STCV17404

Matter: Motion to Be Relieved as Counsel

Moving Party: Counsel for Defendant Mi In Fashion, Inc.

Responding Party: Unopposed

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

Defendant Mi In Fashion, Inc.’s counsel – Chan Young Jeong – 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 Jeong has complied with the Rules of Court by filing all the appropriate forms (MC-051, MC-052, and MC-053) for Defendant. He has also submitted a supporting declaration providing an adequate explanation for why he is moving to be relieved as counsel; he asserts that there are irreconcilable differences as to the case strategies. Additionally, Form MC-052 indicates that notice was provided to Defendant via mail and his client’s address was confirmed by email.

Lastly, trial in this matter has not yet been set, and the next hearing is for a Case Management Conference, set for January 26, 2024. Further, Attorney Jeong represents that Defendant is currently in the process of retaining new counsel. Thus, no prejudice will result from granting this motion.

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