Judge: Cherol J. Nellon, Case: 20STCV27909, Date: 2023-04-04 Tentative Ruling

Case Number: 20STCV27909    Hearing Date: April 4, 2023    Dept: 28

Plaintiff William Taylor’s Counsel Michael Gardiner and Robert Colosia’s Motion to Be Relieved as Counsel

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On July 24, 2020, Plaintiff William Taylor (“Plaintiff”) filed this action against Defendants First Light Property Management, Inc. (“FLPM”), Michael Lacaze (“Michael”) and Jennifer Lacaze (“Jennifer”) for general negligence and premises liability. Plaintiff later amended the complaint to include Defendant Michael as an individual and a trustee.

On May 10, 2021, the Court dismissed Jennifer, without prejudice, pursuant to Plaintiff’s request.

On May 14, 2021, Michael and FLPM filed an answer.

On February 1, 2023, Plaintiff’s counsel, Michael Gardiner and Robert Colosia, filed a Motion to be Relieved as Counsel to be heard on March 3, 2023. The Court continued the hearing on the motion to April 4, 2023.

Trial is currently scheduled for July 21, 2023.

PARTY’S REQUESTS

Plaintiff’s counsel, Michael Gardiner and Robert Colosia, request to be relieved as counsel for Plaintiff.

LEGAL STANDARD

California Rule of Court rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating 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) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil form (MC-053)).

The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client, and it does not disrupt the orderly process of justice. (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)

DISCUSSION

Counsel has submitted a completed MC-051, MC-052 and MC-053 forms. Counsel has provided a declaration stating that there has been an irreconcilable breakdown in the attorney-client relationship. Counsel has indicated that Plaintiff was served via e-mail and text message. Counsel filed proof of service on all parties, including Plaintiff. The Court grants the motion.

CONCLUSION

Counsel's Motion to Be Relieved as Counsel is GRANTED. Counsel will be relieved upon filing proof of service upon the client of the Order Granting Attorney’s Motion to Be Relieved as Counsel--Civil (Judicial Council form MC-053).

              Counsel is ordered to give notice of this ruling.

Counsel is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.