Judge Bruce G. Iwasaki

Department 58

Hearing Date: May 14, 2024

Case Name: Rexford Industrial-East v. Shaghal, LTD

Case No.: 23STCV03870

Matter: Motion to Be Relieved as Counsel

Moving Party: Counsel for Defendant Shaghal, LTD

Responding Party: Unopposed

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

Defendant Shaghal LTD’s counsel – Frank D. Rubin of the Law Office of Frank D. Rubin – seeks to be relieved as counsel of record.

The motion to be relieved as counsel is granted.

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 Rubin 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 a breakdown in communication with the last communication occurring in January 2024 and was advised that the corporation was “shutting down.”

Further, Form MC-052 indicates that notice was provided to Defendant via mail but explains that he has been unable to confirm the last known mailing address despite calling and emailing the client.

Additionally, trial in this matter is not set until May 27, 2025, and the next hearing is a Status Conference set for August 5, 2024. Thus, no prejudice will result from granting this motion where there is adequate time to retain new counsel.

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