Judge: Daniel M. Crowley, Case: 20STCV30801, Date: 2023-02-23 Tentative Ruling

All parties are urged to meet and confer with all parties concerning this tentative ruling to see if they can reach an agreed-upon resolution of their matter.  If you are able to reach an agreement, please notify the courtroom staff in advance of the hearing if you wish to submit on the tentative ruling rather than argue the motion by notifying the court by e-mailing the court at: SSCDEPT28@lacourt.org.  Include the word "SUBMITS" in all caps and the Case Number in the Subject line.  In the body of the email, please provide the date and time of the hearing, your name, your contact information, the party you represent, and whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, intervenor, or non-party, etc.

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Case Number: 20STCV30801    Hearing Date: February 23, 2023    Dept: 28

Plaintiff’s Counsel Bradley G. Hayes’s Motion to Be Relieved as Counsel

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

BACKGROUND

On August 14, 2020, Plaintiff Frederick Fulton (“Plaintiff”) filed this action against Defendant Los Angeles County Metropolitan Transporation Authority (“Defendant”) for negligence.

On November 12, 2020, Defendant filed an answer.

On January 13, 2023, Plaintiffs’ counsel, Bradley G. Hayes, filed a Motion to be Relieved as Counsel to be heard on February 23, 2023.

Trial is currently scheduled for March 19, 2024.

PARTY’S REQUESTS

Plaintiff’s counsel, Bradley G. Hayes, 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 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, address confirmed by conversation. Counsel submitted proof of service on all parties.

The Court grants the motions.

CONCLUSION

Plaintiff’s 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.