Judge: Gregory Keosian, Case: 21STCV25877, Date: 2022-08-31 Tentative Ruling
Case Number: 21STCV25877 Hearing Date: August 31, 2022 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 motion pertains to Attorney
Thomas H. Shcelly of Lipeles Law Group, counsel for Plaintiff Jose Fabian
Flores Cervantes. The motion complies with the above requirements.
Thomas H. Shcelly of Lipeles Law Group, APC’s
Motion to be Relieved as Counsel is GRANTED.