Judge: Cherol J. Nellon, Case: 21STCV18047, Date: 2023-08-14 Tentative Ruling
Case Number: 21STCV18047 Hearing Date: November 27, 2023 Dept: 14
Instant Motion
Attorney Kenneth O. Taylor III (“Taylor”)
now seeks to be relieved as counsel of record for Defendant Mabry.
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 Taylor
has completed the required forms. Those forms indicate that the client has been
both personally served and served by mail at an address that was confirmed current
within the past 30 days by consulting public records filed with the California
Secretary of State.
Counsel Taylor
indicates that he and his firm wish to withdraw because there has been a
breakdown in the attorney-client relationship.
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.