Judge: Daniel M. Crowley, Case: 21STCV10303, Date: 2022-10-06 Tentative Ruling

Case Number: 21STCV10303    Hearing Date: October 6, 2022    Dept: 28

Plaintiff’s Counsel Steven L. Martin’s Motion to Be Relieved as Counsel

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

BACKGROUND

On March 16, 2021, Plaintiff Nellie Ohanian (“Plaintiff”) filed this action against Defendants AIRBNB, Inc. (“AIRBNB”) and Erin Hughes (“Hughes”) for general negligence and premises liability. Plaintiff later amended the complaint to include Defendants Tripadvisor, Inc. (“Tripadvisor”) and Booking.Com B.V. (“Booking”).

On June 6, 2022, Plaintiff’s Counsel Steven L. Martin filed a Motion to be Relieved as Counsel to be heard on July 8, 2022. The Court continued the hearing on the motion to October 6, 2022.

There is no currently scheduled trial date.

PARTY’S REQUESTS

Plaintiff’s counsel, Steve L. Martin, 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

At the previous hearing on this motion, the Court ruled that counsel could serve the motion on Plaintiff’s heirs, as Plaintiff is deceased. Counsel filed proof of service on both of Plaintiff’s sons, satisfying the service requirement.

Counsel has submitted a completed MC-051, MC-052, and MC-053 form. However, counsel’s declaration states Plaintiff has passed away and counsel is unable to represent her sons in a survivorship action, for “reasons [counsel] cannot disclose at this time.”  California Rules of Court, rule 3.1362 requires Counsel’s declaration to “state 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).”  “Reasons [counsel] cannot disclose at this time,” is not sufficient information to explain why this motion was brought instead of filing a consent form. The Court finds that counsel has not satisfied the requirements to grant this motion.

The Court denies the motion.

CONCLUSION

Counsel for Plaintiff’s Motions to be Relieved as Counsel is DENIED.

              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.