Judge: Daniel M. Crowley, Case: 19SMCV02157, Date: 2023-04-07 Tentative Ruling

Case Number: 19SMCV02157    Hearing Date: April 7, 2023    Dept: 207

Background

Plaintiff Shawn Dreamer (“Plaintiff”) brings this action against Defendant Ray Consulting Group Ventures, Inc. (“Defendant”) and others stemming from a dispute regarding the habitability of a condominium located in Marina Del Rey, California. Plaintiff is represented in this action by Lara Shapiro (“Counsel”). Counsel now brings this motion to be relieved as counsel for Plaintiff. Counsel’s motion is unopposed.

Legal Standard

The Court may order an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (C.C.P. § 284(2).) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.)

An application to be relieved as counsel must be made on Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (CRC 3.1362(a), (c), (e).) The requisite forms must be served “on the client and on all parties that have appeared in the case.” (CRC 3.1362(d).)

Analysis

The Court notes Counsel has filed all the required forms and the moving papers were served on Plaintiff (See Forms MC-052, Item No. 3.) Thus, the Court finds Counsel has satisfied the requirements of California Rule of Court, rule 3.1362(a). Counsel declares her attorney-client relationship with Plaintiff has broken down past repair. The Court finds this explanation is sufficient to justify the relief sought by Counsel and accordingly the motion is GRANTED.

Conclusion

The motion to be relieved as counsel for Plaintiff Shawn Dreamer is GRANTED. Counsel is directed to serve a copy of the Court’s signed order granting his motion to be relieved as counsel on all parties which have appeared in this case as well as his client, as required by CRC 3.1362(e).  Counsel is not relieved until proof of such service has been filed with the Court.