Judge: Daniel M. Crowley, Case: 20STCV44576, Date: 2023-01-31 Tentative Ruling

Case Number: 20STCV44576    Hearing Date: January 31, 2023    Dept: 28

Defendants’ Counsel Guy R. Bayley’s Motion to Be Relieved as Counsel

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

BACKGROUND

On November 19, 2020, Plaintiff Garush Nikolyan (“Plaintiff”) filed this action against Defendants Martha Satrustegui (“Satrustegui”), Horacio A. Martinez (“Martinez”), GTLT, LLC (“GTLT”), G.I.M.O.S.A.S., LLC (“G.I.M.O.S.A.S.”) and Royal Village Apts (“Royal”) for general negligence and premises liability.

On August 9, 2021, Satrustegui, Martinez, GTLT and G.I.M.O.S.A.S. filed an answer.

On December 8, 2022, Defendants’ counsel, Guy R. Bayley, filed a Motion to be Relieved as Counsel to be heard on January 31, 2023.

Trial is currently scheduled for January 19, 2023.

PARTY’S REQUESTS

Defendants’ counsel, Guy R. Bayley, request to be relieved as counsel for Defendants.

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

Defendants submitted substitution of attorney’s forms on January 23, 2023. Bayley is no longer representing Defendants; the request is moot.

CONCLUSION

Defendants’ Counsel Guy R. Bayley’s Motion to Be Relieved as Counsel is MOOT.

               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.