Judge: Daniel M. Crowley, Case: 20STCV15438, Date: 2022-10-18 Tentative Ruling

Case Number: 20STCV15438    Hearing Date: October 18, 2022    Dept: 28

Plaintiff Jerrid Powell’s Counsel Aaron Brown’s Motion to Be Relieved as Counsel

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

BACKGROUND

On April 21, 2020, Plaintiff Jerrid Powell (“Plaintiff”) filed this action against Defendants Santa Monica Police Department (“SMPD”), City of Santa Monica (“City”), County of Los Angeles (“County”), State of California (“State”) and Henry Reyes (“Reyes”) for negligence.

On July 23, 2020, the City and Reyes filed an answer.

On September 21, 2022, Plaintiff’s counsel, Aaron Brown, filed a Motion to be Relieved as Counsel to be heard on October 18, 2022.

Trial is currently scheduled for December 23, 2022.

PARTY’S REQUESTS

Plaintiffs’ counsel, Aaron Brown, 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 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 form. Counsel has provided a declaration stating that there have been irreconcilable differences. Counsel has indicated that Plaintiffs was served via mail at his last known address, confirmed by conversation in the last thirty days. Counsel submitted proof of service on appearing Defendants. However, counsel did not submit proof of service on Plaintiff. The Court continues the motion, so that counsel may submit sufficient proof of service.

CONCLUSION

Counsel for Plaintiffs’ Motion to be Relieved as Counsel is CONTINUED to October 26, 2022, at 1:30 p.m. in Department 28 of the Spring Street Courthouse.

               Counsel for Plaintiff is ordered to give notice of this ruling.

Counsel for Plaintiff 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.