Judge: Daniel M. Crowley, Case: 21STCV10273, Date: 2022-08-25 Tentative Ruling

Case Number: 21STCV10273    Hearing Date: August 25, 2022    Dept: 28

Plaintiff P. Zapeta’s Counsel Sean M. Novak’s Motion to Be Relieved as Counsel

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

BACKGROUND

On March 16, 2021, Plaintiff P. Zapeta (“Plaintiff”) filed this action against Defendant City of Long Beach (“Defendant”) for statutory liability and negligent supervision and retention.

On July 27, 2022, Plaintiff’s counsel, Sean M. Novak, filed a Motion to be Relieved as Counsel to be heard on August 25, 2022.

Trial is currently scheduled for September 13, 2022.

PARTY’S REQUESTS

Plaintiff’s counsel, Sean M. Novak, 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 a breakdown in communication and relationship. Counsel has indicated that Plaintiff was served via mail at his last known address, confirmed by record search in the last 30 days. No other parties have appeared in the case. Counsel has complied with all requirements. The Court grants the motion.

CONCLUSION

Plaintiff P. Zapeta’s Counsel Sean M. Novak’s Motion to Be Relieved as Counsel is GRANTED. Counsel for Plaintiff 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.