Judge: Deborah C. Servino, Case: 30-2021-01225172, Date: 2023-06-16 Tentative Ruling

Peter J. Pfund of the Law Offices of Peter J. Pfund's motion to be relieved as counsel for Plaintiff Barbara Vasquez Kunkel is denied without prejudice.

The California Rules of Court, rule 3.1362 provides the procedural requirements to move to be relieved as counsel. Plaintiff’s counsel has not complied with rule 3.1362 in several ways.

First, counsel did not use the “Form Adopted for Mandatory Use,” MC-052, as required by California Rule of Court 3.1362.  Instead, counsel drafted the supporting declaration on his firm’s pleading paper. (Cal. Rules of Court, rule 3.1362(c) [“The motion to be relieved as counsel must be accompanied by a declaration on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil (form MC-052)”].) Furthermore, the declaration provided by counsel does not include all the pertinent information that would otherwise have been found in a completed form MC-052. As a result, the court is unable to make all necessary findings to grant the motion. 

Second, counsel also failed to properly file a proposed order.  The proposed order relieving counsel must be prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel--Civil (Judicial Council form MC-053) and must be lodged with the court with the moving papers. (Cal. Rules of Court, rule 3.1362(e).)  Counsel must complete the relevant portions of MC-053.   

Finally, there is no indication that the Plaintiff was served personally or by mail with this motion.  (Cal. Rules of Court, rule 3.1362(d).)  The proof of service contains an email (112919_bbw@touchproductions.com), but does not indicate to whom this belongs.  In any event, Plaintiff was not served with the motion, declaration, and proposed order, in a manner as required by rule 3.1362.  

Accordingly, the motion is denied without prejudice.

Law Offices of Peter J. Pfund shall give notice to Plaintiff and to all parties.