Judge: Elaine W. Mandel, Case: 22SMCV01803, Date: 2024-09-03 Tentative Ruling

Case Number: 22SMCV01803    Hearing Date: September 3, 2024    Dept: P

Tentative Ruling

Dawn Forrester v. Bird Rides, Inc., Case No. 22SMCV01803  

Hearing date: September 3, 2024

Defendant’s Counsel’s Motion to be Relieved

Plaintiff Forrester brings this products liability claim against defendant for injuries sustained when she rented a scooter from Bird Rides, Inc.

The court has discretion to allow an attorney to withdraw, and such motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398, 403-407.¿

A motion to be relieved as counsel must be made on Judicial Council Form 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). The requisite forms must be served “on the client and on all parties that have appeared in the case.” Cal. Rules of Court, Rule 3.1362(d).

Jillian E. Stanely and Quarles & Brady LLP move to be relieved as counsel for Bird Rides Inc. The motion is procedurally proper because counsel filed the correct judicial counsel forms – MC-051, MC-052, and MC-053. Counsel states that due to Bird Rides’ petition for bankruptcy, counsel can no longer represent and perform uncompensated legal work. See Stanely form MC-052 ¶2. This is a valid basis for counsel’s withdrawal under the circumstances; moreover, Forrester would not be prejudiced as a result of the withdrawal. See Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915. Counsel further states Bird Rides consents to the withdrawal. Id. GRANTED.