Judge: Cherol J. Nellon, Case: 21STCV40047, Date: 2023-04-05 Tentative Ruling

Case Number: 21STCV40047    Hearing Date: April 5, 2023    Dept: 28

Plaintiffs’ Counsel Matthew K. Joy’s Motion to Be Relieved as Counsel

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

BACKGROUND

On November 1, 2021, Plaintiffs Pablo Quezada Santoyo (“Santoyo”), Maria Torres Lopez (“Maria”), Erika Quezada (“Quezada”) and Ashley Lopez (“Ashley”) filed this action against Defendants Yihe Qi (“Defendant”) for motor vehicle negligence and general negligence.

On March 10, 2023, Plaintiffs’ counsel, Matthew K. Joy, filed Motions to be Relieved as Counsel to be heard on April 5, 2023.

Trial is currently scheduled for May 1, 2023.

PARTY’S REQUESTS

Plaintiffs’ counsel, Matthew K. Joy, request to be relieved as counsel for Plaintiffs.

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 Plaintiffs were personally served. However, counsel did not file proof of service on all parties. The Court continues the hearing on the motion so that counsel may submit the proof of service.

CONCLUSION

Counsel's Motion to Be Relieved as Counsel is CONTINUED to April 19, 2023, at 1:30 p.m. in Department 28 of the Spring Street Court House.

              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.