Judge: Daniel M. Crowley, Case: BC705010, Date: 2023-12-06 Tentative Ruling

Case Number: BC705010    Hearing Date: December 6, 2023    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Plaintiff Mark Groubert’s Counsel, Jay S. Rothman & Associates/Kenneth R. Meyers’, Motion to Be Relieved as Counsel is granted.

On May 3, 2018, Plaintiff Mark Groubert (“Groubert”) (“Plaintiff”) filed this action against Defendant Landmark Recovery LLC (“Landmark”) (“Defendant”).  On October 22, 2018, Defendant filed its Answer.

On September 7, 2021, this Court held a bench trial and entered judgment in favor of Plaintiff and against Defendant on October 26, 2021.  (Judgment.)

On November 2, 2023, Groubert’s Counsel, Jay S. Rothman & Associates/Kenneth R. Meyers, filed the instant Motion to be Relieved as Counsel.

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 completed MC-051, MC-052 and MC-053 forms. Counsel has provided a declaration stating there has been a breach of the written retainer agreement and an irreconcilable breakdown in the attorney-client relationship, and Plaintiff has not consented to a voluntary substitution of attorney.  (Decl. of Meyers.)  Counsel has indicated that Groubert was served with copies of the motion papers filed with the declaration at Groubert’s last known address and has confirmed within the last 30 days that the address is current by mail with return receipt requested and by email service.

Conclusion

Groubert’s Counsel’s Motion to Be Relieved as Counsel is granted.

Counsel will be relieved upon filing proof of service on their client of the Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil (Judicial Council form MC-053).

Moving Party to give notice.

Dated:  December _____, 2023