Judge: Daniel M. Crowley, Case: 21STCV37551, Date: 2022-09-21 Tentative Ruling

Case Number: 21STCV37551    Hearing Date: September 21, 2022    Dept: 28

Plaintiff Stephen Christopher Beresford’s Counsel Anthony Werbin’s Motion to Be Relieved as Counsel

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

BACKGROUND

On October 12, 2021, Plaintiff Stephen Christopher Beresford (“Plaintiff”) filed this action against Defendants City of Los Angeles (“City”), County of Los Angeles (“County”) and California Department of Transporation (“CDT”), Dauer Family Trust (“Family Trust”), Roslyn Dauer Residual Trust (“Residual Trust”), Leonard I Dauer (“Leonard”) and Roslyn Dauer (“Roslyn”) for general negligence and premises liability.

On December 16, 2021, the Court dismissed the County, without prejudice, pursuant to Plaintiff’s request. On January 3, 2022, the State of California (“State”) filed an answer on behalf of CDT. The Court dismissed the CDT on February 3, 2022, without prejudice.

On January 4, 2022, the City filed an answer and a Cross-Complaint against Roes 1-20 for indemnification, apportionment of fault and declaratory relief.

On January 18, 2022, the Family Trust, Residual Trust, Leonard and Roslyn filed an answer.

On August 17, 2022, Plaintiff’s counsel, Anthony Werbin, filed a Motion to be Relieved as Counsel to be heard on September 20, 2022.

Trial is currently scheduled for February 16, 2023.

PARTY’S REQUESTS

Plaintiff’s counsel, Anthony Werbin, 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

Counsel has submitted a completed MC-051, MC-052 and MC-053 form. Counsel has provided a declaration stating that there has been a breakdown in communication. Counsel has indicated that Plaintiff was served via mail at his last-known address, confirmed by mail, return receipt requested. Counsel submitted proof of service on all parties, in addition. The Court grants the motion.  

CONCLUSION

Counsel for Plaintiffs’ Motions to be Relieved as Counsel is GRANTED. Counsel for Plaintiffs 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.