Judge: Daniel M. Crowley, Case: 21STCV32618, Date: 2023-02-15 Tentative Ruling

Case Number: 21STCV32618    Hearing Date: February 15, 2023    Dept: 28

Plaintiff Rudery Amaya’s Counsel Daisy Perez’s Motion to Be Relieved as Counsel

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

BACKGROUND

On September 2, 2021, Plaintiffs Rudery Amaya (“Amaya”) and Miguel Ortiz (“Ortiz”) filed this action against Defendants Manuel Cazares (“Manuel”) and Maria Cazares (“Maria”) for motor vehicle negligence and general negligence.

On October 12, 2021, Defendants filed an answer and a Cross-Complaint against Cross-Defendant Amaya for indemnity and contribution.

On January 20, 2023, Amaya’s counsel, Daisy Perez, filed a Motion to be Relieved as Counsel to be heard on February 15, 2023.

Trial is currently scheduled for July 26, 2023.

PARTY’S REQUESTS

Amaya’s counsel, Daisy Perez, request to be relieved as counsel for Amaya.

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 forms. Counsel has provided a declaration stating that there has been an irreconcilable breakdown in the attorney-client relationship. Counsel has indicated that Amaya was served via mail, addressed confirmed by telephone.

CONCLUSION

Amaya’s Counsel's Motion to Be Relieved as Counsel is GRANTED.

               Counsel is ordered to give notice of this ruling.

Counsel 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.