Judge: Daniel M. Crowley, Case: 22STCV31439, Date: 2023-03-01 Tentative Ruling
Case Number: 22STCV31439 Hearing Date: March 1, 2023 Dept: 28
laintiff Brenda Serafin Delgadillo’s Counsel Jhoana Arlin Flores, Esq.’s Motion to Be Relieved as Counsel
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On September 27, 2022, Plaintiff Brenda Serafin Delgadillo (“Plaintiff”) filed this action against Defendant Son Nguyen (“Defendant”) for motor vehicle negligence and general negligence.
On December 1, 2022, Plaintiff’s counsel, Jhoana Arlin Flores, Esq., filed a Motion to be Relieved as Counsel to be heard on March 1, 2023.
Trial is currently scheduled for March 26, 2024.
PARTY’S REQUESTS
Plaintiff’s counsel, Jhoana Arlin Flores, Esq., 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 forms. Counsel has provided a declaration stating that there has been an irreconcilable breakdown in attorney-client communication. Counsel has indicated that Plaintiff was served via mail, with return receipt requested, but Counsel also declared that that service was returned undelivered.
CONCLUSION
Plaintiff’s Counsel's Motion to Be Relieved as Counsel is DENIED. Counsel needs to effect legal service on his client.
Plaintiff’s Counsel is ordered to provide notice of this ruling.