Judge: David B. Gelfound, Case: 23CHCV01275, Date: 2024-03-14 Tentative Ruling

Case Number: 23CHCV01275    Hearing Date: March 14, 2024    Dept: F49

Dept. F49 

Date: 3/14/24

Case Name: Quezada v.

State of CA, et al.

Case # 23CHCV01275

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F49

MOTION TO BE RELIEVED AS COUNSEL

Motion filed: 10/26/23

MOVING PARTY: Plaintiff’s counsel Jonathan C. Teller of Wilshire Law Firm (“Counsel”) 

RESPONDING PARTY: None 

NOTICE: ok 

RELIEF REQUESTED: An order relieving counsel Jonathan C. Teller as counsel for Plaintiff Jorge A. Castellanos Quezada (“Plaintiff”)

TENTATIVE RULING: The motion is GRANTED.

BACKGROUND

This action stems from alleged injuries sustained by Plaintiff on January 9, 2023, in which Plaintiff alleges that his injuries were due to dangerous conditions of the public roads under Defendants’ control.  

On May 1, 2023, Plaintiff filed this action against Defendants State of California, County of Los Angeles, City of Los Angeles, and Does 1 through 50 (collectively, “Defendants”), alleging the following causes of action: (1) dangerous condition of public property, and (2) negligence (Gov. Code §§ 815.2, 815.4, and 820 et seq.)

On June 23, 2023, Defendant City of Los Angeles filed its Answer to the Complaint.

On June 30, 2023, Plaintiff filed a request to dismiss Defendant County of Los Angeles only, which was entered on the same day. Subsequently, on July 3, 2023, the Defendant State of California filed a Stipulation and Proposed Order Re: Dismissal of the Defendant State of California (the “proposed order”). The proposed order was granted on the same day.

On October 26, 2023, Plaintiff’s Counsel filed the instant Motion to be Relieved as Counsel (the “Motion”).

No opposing papers have been received by the Court.

ANALYSIS

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (Code Civ. Proc. § 284, subd. (2).) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) An application to be relieved as counsel must be made on Judicial Counsel Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).)

            In addition, California Rules of Court, rule 3.1362 subsection (d) requires that the notice of motion and motion, declaration, and proposed order be served on the client and all other parties who have appeared in the case by personal service, electronic service, or mail. If the notice is served by mail, it must be accompanied by a declaration stating facts showing that either:

            (A) The service address is the current residence or business address of the client; or

(B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.

            (Cal. Rules of Court, rule 3.1362, subd. (1)(A) & (2).)

Plaintiff’s Counsel has filed Judicial Counsel Forms MC-051 and MC-052. Additionally, Counsel lodged Judicial Counsel Form MC-053 with the Court. Counsel has provided a declaration stating that the Motion is necessitated by a “breakdown in attorney-client relationship due to inability to communicate with client.,” and “No longer able to see eye-to-eye with client to effectively prosecute the action.” (MC-052, ¶ 1.)

The Court finds Counsel’s reasons for seeking relief to be satisfactory. Counsel states in his declaration that the Motion was personally served at Plaintiff’s current address. (Id., ¶ 2.) Counsel has also filed a copy of the proof of service, demonstrating proper service on Plaintiff and Defendant City of Los Angeles.

The next hearing scheduled for this action is a Case Management Conference set for April 30, 2024, at 08:30 a.m. in Department F49 at 9425 Penfield Ave. Chatsworth, CA 91311. A trial has not yet been set. (MC-053, ¶¶ 7, 9.)

Consequently, the Court GRANTS Plaintiff’s Counsel’s Motion to be Relieved as Counsel.

CONCLUSION

Plaintiff’s Counsel Jonathan C. Teller’s Motion to be Relieved as Counsel is GRANTED.

Plaintiff’s Counsel is ordered to give notice.