Judge: Cherol J. Nellon, Case: 21STCV40599, Date: 2023-07-20 Tentative Ruling
Case Number: 21STCV40599 Hearing Date: July 20, 2023 Dept: 14
Instant Motion
Attorney Gene Koon (“Koon”) seeks to be relieved as counsel of record for Defendant Kawarit.
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.
Decision
Counsel Koon
has completed the required forms. Those forms indicate that the client has been
served by mail at their last known address, which has been confirmed by Counsel
Koon via telephone conversation.
Counsel Koon
indicates that he and the client cannot agree on how to proceed with the matter
and are no longer regularly communicating.
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
orders upon the client.