Judge: Daniel M. Crowley, Case: 21STCV46782, Date: 2023-03-13 Tentative Ruling

Case Number: 21STCV46782    Hearing Date: March 13, 2023    Dept: 28

Plaintiff Miguel Ortiz’s Counsel The Dominguez Firm’s Motion to Be Relieved as Counsel

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

BACKGROUND

On December 23, 2021, Plaintiffs Aura E. Mijangos (“Mijangos”) and Miguel Ortiz (“Ortiz”) filed this action against Defendant Evelyn Lopez (“Defendant”) for motor vehicle and general negligence.

On July 1, 2022, Defendant filed an answer.

On February 9, 2023, Ortiz’s Counsel, The Dominguez Firm, filed a Motion to be Relieved as Counsel to be heard on March 13, 2023.

Trial is currently scheduled for June 22, 2023.

PARTY’S REQUESTS

Miguel Ortiz’s counsel, The Dominguez Firm, request to be relieved as counsel for Ortiz.

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 forms. Counsel has provided a declaration stating that there has been an irreconcilable breakdown in the attorney-client relationship as Ortiz passed away; counsel indicated that they had conducted multiple skip traces in order to locate next of kin or other possible associations, with no results. Counsel provided proof of service on Ortiz’s attempted address and on Defendant—there is no proof of service on Mijangos. However, counsel is representing Mijangos, meaning that would require they serve themselves. Proof of service is sufficient. The Court grants the motion.

CONCLUSION

Plaintiffs’ 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 is ordered to give notice of this ruling.

Counsel 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.