Judge: Daniel M. Crowley, Case: 20STCV30464, Date: 2024-01-24 Tentative Ruling

Case Number: 20STCV30464    Hearing Date: January 24, 2024    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Plaintiff Jeffery Scott David’s Counsel, Ogochukwu Victor Onwaeze’s, Motion to Be Relieved as Counsel is denied, without prejudice.

On August 11, 2020, Plaintiffs Jeffery Scott David (“David”) and Carlis Pegues (“Pegues”) (collectively, “Plaintiffs”) filed their initial Complaint against Defendant Charles Cobbs Apartment, LP (“Cobbs”) (“Defendant”).  On June 11, 2021, Plaintiffs filed the operative first amended complaint (“FAC”).  On March 27, 2023, David filed his notice of settlement.

On September 11, 2023, David’s counsel, Ogochukwu Victor Onwaeze, filed the instant Motion to be Relieved as Counsel.

Trial is not set in this case.

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 completed MC-051 and MC-052 forms but failed to file a proposed order (MC-053 form).  Therefore, Counsel’s motion must be denied.

Counsel has provided a declaration stating a there is a breakdown of the attorney-client relationship.  (See Decl. of Onwaeze.)  Counsel has indicated that David was served with copies of the motion papers filed with the declaration at David’s last known address and has confirmed within the past 30 days that the address is current via email correspondence.

Conclusion

David’s counsel’s Motion to Be Relieved as Counsel is denied, without prejudice.

Moving Party to give notice.

Dated:  January _____, 2024