Judge: Cherol J. Nellon, Case: 21STCV32222, Date: 2023-04-07 Tentative Ruling

Case Number: 21STCV32222    Hearing Date: April 7, 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 August 31, 2021, Plaintiff George Allen Williams (“Plaintiff”) filed this action against Defendants AG Air Conditioning and Heating, Inc. (“AG ACH”) AG Heating and Air Conditioning, Inc. (“AG HAC”) and Ruben Balderas (“Balderas”) for negligence, negligence per se, negligent entrustment and negligent hiring, supervision and retention. Plaintiff later amended the complaint to include Defendant Willie Nunnery (“Nunnery”).

On January 25, 2022, the Court dismissed AG ACH, AG HAC and Balderas, without prejudice, pursuant to Plaintiff’s request.

On March 15, 2023, Plaintiff’s counsel, Shawn L. Mangoli and Beverly Hills Injury Firm, filed a Motion to be Relieved as Counsel to be heard on April 7, 2023.

There is no currently scheduled trial date.

PARTY’S REQUESTS

Plaintiff’s counsel, Shawn L. Mangoli and Beverly Hills Injury Firm, 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 at his last known address, confirmed by telephone. Counsel filed proof of service on Plaintiff, the only party who has appeared in the action. 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.