Department 58

Hearing Date: January 4, 2023

Case Name: Peter Reeves v. ABA Protection Inc.

Case No.: 22STCV24734

Matter: Motion to Be Relieved as Counsel

Moving Party: Plaintiff’s Counsel

Responding Party: Unopposed

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

Background

This is an employment action in which Plaintiff Peter Reeves (Reeves) sues Defendant ABA Protection, Inc. for whistleblower retaliation. Reeves alleges that shortly after he was hired as a security guard, he expressed concerns to the Defendant regarding the pay periods, being required to provide his own tools and equipment, and wearing a white shirt while being armed. These concerns allegedly violated the Labor Code, Industrial Welfare Commission Wage Orders, and the Business and Professions Code. Defendant subsequently informed Plaintiff that it would not be hiring him.

Plaintiff’s counsel, Yesenia L. Rodriguez, now moves to be relieved as counsel, stating that the attorney-client relationship has broken down. The Court grants the motion.

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 form and content of such motion are governed by California Rule of Court 3.1362. 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(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(b).)

The notice 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(d)(1)(A)-(B).) If notice is electronic, there must be a declaration confirming that the e-mail address is the client’s current e-mail. (Cal. Rules of Court, rule 3.1362(d)(2).)

Here, Ms. Rodriguez has complied with the Rules of Court by filing the appropriate forms and provides a declaration stating why she is moving to be relieved as counsel.

Notice was provided to Reeves by mail and e-mail. Ms. Rodriguez attests that she requested confirmation from Reeves of his mailing address, but he failed to do so. However, Counsel also sent courtesy copies of the notice to his e-mail address, which she believes is the most current.

This case was recently filed on August 1, 2022, with a Case Management Conference scheduled on January 11, 2023. Given that this case is in the early stages, no trial date is set, and discovery has unlikely begun, there is a low degree of prejudice to Reeves in allowing Counsel to withdraw. Accordingly, the motion to be relieved as counsel is granted.