Judge: Daniel M. Crowley, Case: 21STCV39510, Date: 2022-10-05 Tentative Ruling

Case Number: 21STCV39510    Hearing Date: October 5, 2022    Dept: 28

Plaintiffs Cynthia Finley and Grace Finley’s Counsel Hugh R. Burns’s Motion to Be Relieved as Counsel

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

BACKGROUND

On October 27, 2021, Plaintiffs Cynthia Finley (“Cynthia”) and Grace Finley (“Grace”) filed this action against Defendants Brayan Catarino Chavez Quiroz (“Quiroz”) and Martin Ortiz (“Ortiz”) for general negligence.

On March 14, 2022, Defendants filed an answer.

On August 10, 2022, Plaintiffs’ counsel, Hugh R. Burns, filed a Motion to be Relieved as Counsel to be heard on September 8, 2022. The Court continued the hearing on the motion to October 4, 2022. Counsel submitted supplemental papers on September 9, 2022.

Trial is currently scheduled for December 23, 2022.

PARTY’S REQUESTS

Plaintiffs’ counsel, Hugh R. Burns, 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 an irreconcilable breakdown in the relationship. Counsel has indicated that Plaintiffs were personally served. Counsel submitted proof of service on all parties, in addition. The Court grants the motion.  

CONCLUSION

Counsel for Plaintiffs’ 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.