Judge: Cherol J. Nellon, Case: 19STCV06025, Date: 2023-10-03 Tentative Ruling

Case Number: 19STCV06025    Hearing Date: October 27, 2023    Dept: 14

Instant Motion

Attorneys Keith Berglund (“Berglund”) and Russell Miller now seek to be relieved as counsel of record for Plaintiff, Alvin Brown.

Decision

            The motion is GRANTED, effective upon the filing of the proof of service of the signed order upon the client.

Governing Rule

            California Rules of Court Rule 3.1362 requires that counsel fill out forms MC-051, MC-052, and MC-053. These forms serve two basic functions: (1) ensuring that notice is given to the client and (2) providing the court with an adequate explanation of why the matter is being handled via motion rather than mutual consent. See Code of Civil Procedure § 284; California Rules of Court Rule 3.1362.

Discussion

            Counsel Berglund has completed the required forms. Those forms indicate that the client has been served by mail at an address that was confirmed current within the past 30 days by mail, return receipt requested.

            Counsel Berglund indicates that he and his firm wish to withdraw because there has been a breakdown in the attorney-client relationship and because Plaintiff has failed to pay his fees.

            Counsel has complied with the requirements of Rule 3.1362, and relief is appropriate under the circumstances of this case. The motion is GRANTED, effective upon the filing of the proof of service of the signed order upon the client.