Judge: Gregory Keosian, Case: 21STCV26885, Date: 2023-01-23 Tentative Ruling

Case Number: 21STCV26885    Hearing Date: January 23, 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 motion pertains to the firm Glaser Weil Fink Howard Avchen & Shapiro LLP, counsel for Defendant Next Century Partners, LLC. The motion comes with the required forms, but its supporting declaration states only that permissive grounds for termination of the attorney client relationship exist, with further elaboration to be provided upon court request in an in camera hearing.

Glaser Weil Fink Howard Avchen & Shapiro LLP’s Motion to Be Relieved as Counsel for Defendant Next Century Partners shall be GRANTED pending in camera review of counsel’s reasons for.