Judge Donald F. Gaffney, Case Lopez v. Auburn 2023-07-12 Tentative Ruling

Judge: Donald F. Gaffney, Case: Lopez v. Auburn, Date: 2023-07-12 Tentative Ruling

TENTATIVE RULING:

Counsel seeks an Order to be relieved as counsel of record for Plaintiff Candy Lopez. For the reasons set forth below, the motion is GRANTED.

On May 1, 2023, Kelsey M. Gitlin of M&Y Personal Injury Lawyers filed a motion to be relieved as counsel for Plaintiff Candy Lopez. Counsel cites a breakdown in the attorney-client relationship and attempts to contact the client, which have been ignored, as the reasons for the motion. The motion is unopposed.

An attorney may withdraw even without cause as long as “withdrawal can be accomplished without undue prejudice to the client’s interests.” (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) It is within the court’s discretion as to whether to deny an attorney’s request to withdraw because such withdrawal would cause injustice or undue delay in the proceeding; however, such discretion is to be exercised reasonably. (See Mandell v. Sup. Ct (1977) 67 Cal.App.3d 1, 4.)  

A notice of motion and motion to be relieved as counsel under CCP section 284(2) shall be directed to the client and shall be made on the Notice of Motion and Motion to Be Relieved as Counsel-Civil form (MC-051).  (Cal. R. Ct. 3.1362(a).)  No memorandum is required for the motion.  (Cal. R. Ct. 3.l362(b)).  The motion shall be accompanied by a declaration stating in general terms, without compromising the confidentiality of the attorney-client relationship, why counsel is making a motion instead of filing a consent.  (Cal. R. Ct. 3.1362(c)).  If the motion is served by mail, it shall be accompanied by a declaration stating facts showing either that (1) the service address is the current residence or business address of the client or (2) 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 prior to filing the motion.  (Cal. R. Ct. 3.1362(d)). 

The motion may be brought on various grounds, some of which include the client’s failure to pay attorney fees (People v. Prince (1968) 268 Cal.App.2d 398, 406), the client’s insistence on an action that is not justified under existing law or by good faith argument (Estate of Falco v. Decker (1987) 188 Cal.App.3d 1004, 1015), and a conflict of interest between counsel and the client (Aceves v. Superior Court (1996) 51 Cal.App.4th 584, 592).

The court finds that counsel has met the procedural requirements to be relieved as counsel. Further, counsel has set forth the substantive reasons for withdrawal in general terms—i.e., a break down in the attorney-client relationship and the client’s failure to communicate. Counsel has served the client at her last known address and by email. As the next scheduled hearing in this action is a pre-trial conference on March 15, 2024, the court finds that the client will not suffer prejudice as Plaintiff has ample time to find new counsel. The motion is, therefore, GRANTED.

The court’s order shall become effective upon the filing of a Proof of Service showing service of the signed order on Plaintiff Candy Lopez.

Moving Attorney to give notice.