Judge: Gregory Keosian, Case: 21STCV16921, Date: 2023-10-04 Tentative Ruling

Case Number: 21STCV16921    Hearing Date: October 4, 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 know. 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 motions pertain to attorney Mark J. Skapik and the Skapik Law Group, counsel for Defendan Heriberto Camacho Jr. and Defendant and Cross-Complainant Restaurant Design Studio Corp. Skapik presents a declaration stating that the reason for the motions is “[i]rreconcilable differences between the Defendants and current counsel of record.” The motion complies with the above requirements.

Skapik Law Group and Mark J. Skapik’s Motions to be Relieved as Counsel for Defendant Heriberto Camacho Jr. and Defendant and Cross-Complainant Restaurant Design Studio Corp. are GRANTED.