Judge: Daniel M. Crowley, Case: 21STCV36634, Date: 2022-10-26 Tentative Ruling

Case Number: 21STCV36634    Hearing Date: October 26, 2022    Dept: 28

Plaintiff Michael Bealey’s Counsel Sawsan Mansour and BD&J, PC’s Motion to Be Relieved as Counsel

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

BACKGROUND

On October 4, 2021, Plaintiff Michael Bealey (“Plaintiff”) filed this action against Defendant Tamika Grace Jennings (“Defendant”) for motor vehicle negligence and general negligence.

On September 16, 2022, Plaintiff’s counsel, Sawsan Mansour and BD&J, PC, filed a Motion to be Relieved as Counsel to be heard on October 26, 2022.

Trial is currently scheduled for April 3, 2023.

PARTY’S REQUESTS

Plaintiff’s counsel, Sawsan Mansour and BD&J, PC, 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 has submitted a completed MC-051, MC-052 and MC-053 form. Counsel has provided a declaration stating that there has been a significant breakdown in the relationship and communication. Counsel has indicated that Plaintiff was served via mail, at his last known address; counsel attempted to verify the address by mailing the motion with the return receipt, calling Plaintiff’s last known phone number, commissioning the services of a private investigator, and serving the clerk with the moving papers. Counsel submitted proof of service on all parties, in addition. 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.