Judge: Daniel M. Crowley, Case: 21STCV42449, Date: 2023-02-02 Tentative Ruling

Case Number: 21STCV42449    Hearing Date: February 2, 2023    Dept: 28

Plaintiffs’ Counsel Kellen B. Sinclair’s Motion to Be Relieved as Counsel

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

BACKGROUND

On November 17, 2021, Plaintiffs Cole Sawyer (“Cole”) and Michele Sawyer (“Michele”) filed this action against Defendants Princess Cruises (“Defendant”) for general negligence, premises liability and loss of consortium.

Defendant was dismissed, without prejudice, on January 31, 2022.

On January 5, 2023, Plaintiffs’ Counsel Kellen B. Sinclair filed a Motion to be Relieved as Counsel to be heard on February 2, 2023.

There is no current trial date.  

PARTY’S REQUESTS

Plaintiffs’ counsel, Kellen B. Sinclair requests to be relieved as counsel for Plaintiffs.

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. Counsel has provided a declaration stating that there has been an irreconcilable breakdown in the attorney-client relationship. Counsel has indicated that Plaintiff was served via mail, confirmed via email. Counsel submitted proof of service on Plaintiff; there are no other relevant parties to this action currently. The Court grants the motion.

CONCLUSION

Plaintiff’s Counsel's Motion to Be Relieved as Counsel is GRANTED. Counsel 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 Plaintiffs is ordered to give notice of this ruling.

Counsel for Plaintiffs 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.