Judge: Daniel M. Crowley, Case: 22STCV18510, Date: 2022-10-05 Tentative Ruling

Case Number: 22STCV18510    Hearing Date: October 5, 2022    Dept: 28

Defendant Armand Dominic Ortiz’s Counsel Malcolm R. Tator’s Motion to Be Relieved as Counsel

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

BACKGROUND

On June 6, 2022, Plaintiff Jamal Ahmad Rich (“Plaintiff”) filed this action against Defendant Armand Dominic Ortiz (“Defendant”) for motor vehicle negligence.

On July 25, 2022, Defendant filed an answer. On July 28, 2022, Defendant filed the First Amended Answer.

On September 14, 2022, Defendant’s counsel, Malcolm R. Tator, filed a Motion to be Relieved as Counsel to be heard on October 5, 2022. On September 22, 2022, counsel filed supplemental papers.

Trial is currently scheduled for December 4, 2023.

PARTY’S REQUESTS

Defendant’s counsel, Malcolm R. Tator, 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 communication. Counsel has indicated that Plaintiff was served via mail at his current address, which was confirmed via counsel’s paralegal. Counsel submitted proof of service on all parties, in addition. The Court grants the motion.  

CONCLUSION

Counsel for Defendant’s Motion to be Relieved as Counsel is GRANTED. Counsel for Defendant 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 Defendant is ordered to give notice of this ruling.

Counsel for Defendant 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.