Judge: Daniel M. Crowley, Case: 21STCV19564, Date: 2022-10-26 Tentative Ruling

Case Number: 21STCV19564    Hearing Date: October 26, 2022    Dept: 28

Plaintiff Ana Delmi Diaz Perez’s Counsel Michael R. Parker’s Motion to Be Relieved as Counsel

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

BACKGROUND

On May 24, 2021, Plaintiffs Ana Delmi Diaz Perez (“Perez”), Sebastian Gomez (“Gomez”) and Sebastian Esparza (“Esparza”) filed this action against Defendant Francisco Gonzalez (“Defendant”) for motor vehicle negligence and general negligence.

On September 12, 2022, Plaintiffs’ counsel, Michael R. Parker, filed a Motion to be Relieved as Counsel to be heard on October 4, 2022. The Court continued the hearing on the motion to October 26, 2022.

Trial is currently scheduled for April 3, 2023.

PARTY’S REQUESTS

Plaintiffs’ counsel, Michael R. Parker, request to be relieved as counsel for Plaintiff Ana Delmi Diaz Perez.

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

The Court previously continued the hearing on the motion so that counsel could submit proof of service; counsel has failed to do so. The Court denies the motion based on lack of proof of service.

CONCLUSION

Counsel for Plaintiff’s Motion 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.