Judge: Daniel M. Crowley, Case: 21STCV35392, Date: 2022-09-07 Tentative Ruling

Case Number: 21STCV35392    Hearing Date: September 7, 2022    Dept: 28

Plaintiff John Doe R.A.’s Counsel Michael Alder and Jessica L. Zamora’s Motion to Be Relieved as Counsel

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

BACKGROUND

On September 27, 2021, Plaintiff John Doe R.A. (“Plaintiff”) filed this action against Defendants Doe 1, Doe 2, Doe 3, Doe 4 and Doe 5 for childhood sexual assault, sexual battery, intentional infliction of emotional distress, negligence, negligent retention/supervision/failure to warn and breach of fiduciary duty.

On April 29, 2022, Plaintiff filed the FAC, substituting Defendant Fred Joe Ruiz Jr. (“Ruiz”) for Doe 3.

On August 4, 2022, Plaintiff’s counsel, Michael Alder and Jessica L. Zamora, filed a Motion to be Relieved as Counsel to be heard on September 7, 2022.

Trial is currently scheduled for March 27, 2023.

PARTY’S REQUESTS

Plaintiff’s counsel, Michael Alder and Jessica L. Zamora, request 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 submitted a completed MC-051, MC-052 and MC-053 form. Counsel provided a declaration stating that there are irreconcilable differences between Plaintiff and counsel, as well as a conflict of interest. Counsel has indicated that Plaintiff was served via mail at his last known address; Counsel was unable to confirm the address but took efforts to do so. Counsel submitted proof of service on Plaintiff, who is the only party who has appear in this action. Counsel has complied with all requirements. The Court grants the motion.

CONCLUSION

Counsel for Plaintiff’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.