Judge: Daniel M. Crowley, Case: 21STCV01701, Date: 2022-09-29 Tentative Ruling

Case Number: 21STCV01701    Hearing Date: September 29, 2022    Dept: 28

Plaintiff Beatrice Pauline Cadena’s Counsel Anthony Willoughby 's Motion to Be Relieved as Counsel

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

BACKGROUND

On January 15, 2021, Plaintiff Beatrice Pauline Cadena (“Plaintiff”) filed this action against Defendant CEC Entertainment, Inc. (“Defendant”) for general negligence and premises liability.

On August 26, 2022, Plaintiff’s Counsel, Anthony Willoughby, filed a Motion to be Relieved as Counsel to be heard on September 29, 2022.

There is no currently scheduled trial date.

PARTY’S REQUESTS

Plaintiff’s counsel, Anthony Willoughby, requests to be relieved as counsel.

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 has been an irreconcilable breakdown in the relationship between parties, and that Plaintiff has represented she has obtained another attorney. Counsel has indicated that Plaintiff was served via mail, confirmed via telephone in the last 30 days.

Counsel, however, did not file a proof of service on Plaintiff, as required by CRC 3.1362. The Court continues the hearing on the motion so that Counsel can submit the required proof of service.

CONCLUSION

Counsel for Plaintiffs’ Motions to be Relieved as Counsel is CONTINUED to October 31, 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.