Judge: Bruce G. Iwasaki, Case: 22STCV34567, Date: 2025-02-20 Tentative Ruling

Case Number: 22STCV34567    Hearing Date: February 20, 2025    Dept: 58

Judge Bruce G. Iwasaki

Department 58

Hearing Date:             February 20, 2025

Case Name:                Jackson v. Amaru Entertainment, Inc.

Case No.:                    22STCV34567

Motion:                       Motions to be Relieved as Counsel

Moving Party:             Counsel for Plaintiff Capucine Jackson and Klock Work Entertainment Inc.

Opposing Party:          None

             Plaintiffs’ counsel – Steven Lowe and Vikram Amritraj– seek to be relieved as counsel of record. No opposition was filed.

            The motions to be relieved as counsel are granted as to Plaintiffs Capucine Jackson and Klock Work Entertainment Inc.   

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 Lowe 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; he asserts that there has been an irretrievable breakdown in the relationship and Plaintiffs have failed to follow counsel’s advice on material matters.

Further, Form MC-052 indicates that notice was provided to Plaintiffs via mail with return receipt requested, but, admittedly, Plaintiffs’ last known address could not be confirmed.

Finally, trial in this matter has been set for October 20, 2025, and the next hearing is a Final Status Conference set for October 14, 2025. Thus, no prejudice will result from granting this motion where there is adequate time to retain new counsel.

The Court will grant the motions to be relieved as counsel.