Judge: Gregory Keosian, Case: 21STCV14443, Date: 2023-03-29 Tentative Ruling

Case Number: 21STCV14443    Hearing Date: March 29, 2023    Dept: 61

Cal. Code of Civ. Proc. (“CCP”) section 284 states that “[t]he attorney in an action or special proceeding may be changed at any time before or after judgment or final determination” upon either consent of both client and attorney, or upon the order of the court under application of either the client of the attorney, after notice from one to the other. Cal. Rule of Court 3.1362 states the requirements for a motion to be relieved as counsel under CCP section 284. No memorandum is required, but the motion must be accompanied by (1) a declaration stating why a motion has been brought instead of filing a consent (without compromising attorney-client confidentiality), (2) proof of service of the motion, and (3) all hearing dates scheduled in the action or proceeding, including the date of trial, if known. Additionally, “[t]he proposed order relieving counsel must be prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel--Civil (form MC-053) and must be lodged with the court with the moving papers.”

The present motion pertains to Iasaiah Artest of The Lew Firm, APC, who seeks to be relieved as counsel for Defendant Cyrus Services, Inc. The motion includes a supporting declaration and a proposed order, but does not include a proof of service.

Isaiah Artest and The Lew Firm, APC’s motion to be relieved as counsel for Defendant Cyrus Services, Inc. is DENIED, as the motion includes no proof of service.