Judge: Cherol J. Nellon, Case: 22STCV30629, Date: 2023-03-21 Tentative Ruling

Case Number: 22STCV30629    Hearing Date: March 21, 2023    Dept: 28

Plaintiffs’ Counsel Kristina Akers’ Motion to Be Relieved as Counsel

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

BACKGROUND

On September 20, 2022, Plaintiffs Darlene Morales (“Morales”), Ira Shermna (“Shermna”), Cassandra Salgado (“Salgado”), Darin Carrion (“Darin”) and Dana Carrion (“Dana”) filed this action against Defendant Jonta Roshawne Murphy (“Defendant”) for motor vehicle negligence and general negligence.

On October 13, 2022, Plaintiffs’ counsel, Kristina Akers, filed Motions to be Relieved as Counsel to be heard on November 8, 2022. The Court continued the hearing on the motions to March 21, 2023.

Trial is currently scheduled for March 19, 2024.

PARTY’S REQUESTS

Plaintiffs’ counsel, Kristina Akers, 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 served via mail, addressed attempted to be confirmed by telephone and by mailing to Plaintiffs’ last known address. Counsel submitted proof of service on Plaintiffs, the only parties who have appeared. The Court grants the motions.

CONCLUSION

Plaintiffs’ Counsel's Motions to Be Relieved as Counsel are 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.