Judge: Gregory Keosian, Case: 22STCV40481, Date: 2023-10-09 Tentative Ruling
Case Number: 22STCV40481 Hearing Date: October 9, 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 attorneys
Michael B. Adreani and Muhammed T. Hussain of the firm Roxborough, Pomerance,
Nye & Adreani, LLP, who seek to be relieved as counsel for Defendant RE3
Restoration, LLC. The declaration of Muhammed T. Hussain states that there has
been an irreconcilable breakdown in the attorney-client relationship. The
motion complies with the above requirements.
Michael B. Adreani and Muhammed T. Hussain’s
Motion to be Relieved as Counsel for Defendant RE3 Restoration LLC is GRANTED.