Judge: Bruce G. Iwasaki, Case: 24STCV06756, Date: 2025-04-25 Tentative Ruling

Case Number: 24STCV06756    Hearing Date: April 25, 2025    Dept: 58

Judge Bruce G. Iwasaki

Department 58

Hearing Date:             April 25, 2025

Case Name:                Bob Mizer Foundation, Inc. v. Cultureedit, LLC

Case No.:                    24STCV06756

Motion:                       Motions to be Relieved as Counsel

Moving Party:             Counsel for Defendant CultureEdit, LLC

Opposing Party:          None

             Defendant’s counsel – David S. Alverson, Lisa R. Patel and Lesnick Prince of Pappas & Alverson LLP – seeks to be relieved as counsel of record. No opposition was filed.

            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 Alverson 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 significant, fundamental, and irreconcilable differences have arisen that have culminated in an irreparable breakdown in trust and in the attorney client relationship, including relating to advice, strategy, case handling and communications.

Additionally, Form MC-052 indicates that notice was provided to the client via email and service was confirmed by a recent email exchange. (Cal. Rules of Court, Rule 3.1362, subd. (d).)

Finally, the next hearing is a Post-Arbitration Status Conference set for July 10, 2025. Thus, in the absence of any opposition, the Court finds that no prejudice will result from granting this motion where there is adequate time to retain new counsel.

The Court will grant the motion.