Judge: Cherol J. Nellon, Case: 21STCV45754, Date: 2023-05-08 Tentative Ruling

Case Number: 21STCV45754    Hearing Date: May 8, 2023    Dept: 28

Plaintiff’s Counsel Carlos A. Gomez, Esq.’s Motion to Be Relieved as Counsel

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

BACKGROUND

On December 15, 2021, Plaintiff Emilio Melliz (“Plaintiff”) filed this action against Defendants Fernando Reyes-Flores (“Reyes-Flores”) and Maria Carbera (“Carbera”) for negligence.

On February 27, 2023, Plaintiff’s Counsel, Carlos A. Gomez, Esq., filed a Motion to be Relieved as Counsel to be heard on May 8, 2023.

Trial is currently scheduled for June 14, 2023.

PARTY’S REQUESTS

Plaintiff’s counsel, Carlos A. Gomez, Esq., 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 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 did not submit a MC-053 form or any other proposed order. Counsel failed to meet the requirements of CRC Rule 3.1362. The Court denies the motion.

CONCLUSION

Plaintiff’s Counsel Carlos A. Gomez, Esq.’s Motion to Be Relieved as Counsel is DENIED.

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.