Judge: David A. Hoffer, Case: 30-2020-01159993, Date: 2023-05-15 Tentative Ruling

The motion to be relieved as counsel of record for Plaintiff Jane Doe filed by attorney Venus Trunnel is CONTINUED to June 5, 2023 at 1:30 p.m. in this department.

There is a notice issue as to Plaintiff.  Although counsel’s declaration states that Plaintiff was served by mail at the client’s last known address, no proof of service on Plaintiff was filed and no address is provided for Plaintiff in any of the moving papers.  The statements in the declaration regarding service are not a proper or adequate proof of service.  (See C.C.P. § 1013a.)  Counsel did file a proof of service indicating that Defendant was served with the motion (ROA 155), but no proof of service as to Plaintiff was filed.  Further, no opposition was filed.  Thus, the Court is unable to determine if Plaintiff received proper notice of this motion.

In addition, counsel’s declaration provides no information as to the reason why counsel seeks to withdraw.  Pursuant to C.R.C. 3.1362(c), “[t]he declaration must state 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).”  Simply stating that the client would not consent to counsel’s request to be relieved does not appear to the Court to satisfy this requirement.  (See also, California Rules of Professional Conduct, Rule 1.16 [re: grounds for terminating representation].)  In addition, the trial in this matter is set to commence only two months after the hearing date on this motion, and, as such, there may be a risk of prejudice to Plaintiff due to the withdrawal.  Thus, the Court finds further explanation is warranted here.

Therefore, the Court will continue the matter as indicated above to allow moving counsel an opportunity to file a proof of service of this motion on Plaintiff and a supplemental declaration regarding the reasons for withdrawal.  Moving counsel is ordered to file said proof of service and supplemental declaration at least five court days prior to the hearing.

Moving counsel to give notice.