Judge: Daniel M. Crowley, Case: 21STCV09912, Date: 2022-08-10 Tentative Ruling
Case Number: 21STCV09912 Hearing Date: August 10, 2022 Dept: 28
Plaintiff Dennis Turner’s Counsel Roxana Popescu, Law Offices of Jacob Emrani's Motion to Be Relieved as Counsel
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On March 12, 2021, Plaintiff Dennis Turner (“Plaintiff”) filed this action against Defendant Mills Creek Residential Services, LLC (“MCRS”), Madera Apartments, LLC (“Madera”), Rolls Scaffold, Inc. (“RS”) and Rolls Scaffold & Equipment, Inc. (“RS&E”) for general negligence, products liability and premises liability. Plaintiff later amended the complaint to include Defendants Mills Creek Fund II, LLC (“MCF”), Mcref Highland and Selma Inc. (“MHS”), MCRT California Construction, LP (“MCRT”) and Kenyon Plastering of Southern California (“Kenyon”).
Plaintiff later requested that RS, Madera, and RS&E be dismissed, without prejudice.
On July 6, 2021, Kenyon filed its answer. On September 22, 2021, Kenyon filed a Cross-Complaint against MCRS for equitable indemnity, contribution and declaratory relief. Kenyon later amended the Cross-Complaint to include Cross-Defendants MCRT and Trademark Construction Co., Inc. (“TCC”). On October 22, 2021, MCRS filed an answer.
On August 27, 2021, MCRS, MCF, MCRT and MHS filed their answer and a Cross-Complaint against Kenyon for express contractual indemnity, breach of contract, equitable indemnity, contribution, declaratory relief-duty to indemnify and declaratory relief-duty to defend. On September 22, 2021, Kenyon filed an answer.
On July 6, 2022, Plaintiff’s counsel, Roxana Popescu, Law Offices of Jacob Emrani, filed a Motion to be Relieved as Counsel to be heard on August 10, 2022.
Trial is currently scheduled for September 9, 2022.
PARTY’S REQUESTS
Plaintiff’s counsel, Roxana Popescu, Law Offices of Jacob Emrani, requests 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 has been an irreconcilable breakdown in the relationship and in communication between parties. Counsel has indicated that Plaintiff was served via mail, confirmed via mail by conversation in the last 30 days. Counsel submitted proof of service on all parties, in addition. As such, the Court grants the motion.
CONCLUSION
Counsel for Plaintiffs’ Motions to be Relieved as Counsel is GRANTED. Counsel for Plaintiffs 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 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.