Judge: Daniel M. Crowley, Case: BC712563, Date: 2023-02-07 Tentative Ruling

Case Number: BC712563    Hearing Date: February 7, 2023    Dept: 28

Plaintiffs’ Counsel David M. Dushane’s Motion to Be Relieved as Counsel

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

BACKGROUND

On June 29, 2018, Plaintiffs Dolores Leandro (“Dolores”) and Lupe Leandro (“Lupe”) filed this action against Defendants Promise Healthcare of California, Inc. (“Promise Inc.”), Success Healthcare, LLC (“Success”), Promise Healthcare, LLC (“Promise LLC”) and Promise Hospital of East Los Angeles, L.P. (“Promise”) for elder abuse and negligence.

On January 3, 2023, Plaintiffs’ counsel, David M. Dushane, filed a Motion to be Relieved as Counsel to be heard on February 7, 2023.

The case is currently stayed.

PARTY’S REQUESTS

Plaintiffs’ counsel, David M. Dushane, request 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 form. However, counsel did not provide a MC-052 or MC-053 form, both of which are required by CRC 3.1362. The Court denies the motion.

CONCLUSION

Plaintiffs’ Counsel's Motion to Be Relieved as Counsel is DENIED.

               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.