Judge: Gregory Keosian, Case: 23STCV06327, Date: 2023-12-06 Tentative Ruling

Case Number: 23STCV06327    Hearing Date: December 6, 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. (CRC Rule 3.1362, subd. (a), (c), (d).) 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.” (CRC Rule 3.1362, subd. (e).)

The present motions pertain to Elizabeth Ernster of the firm Hackler Flynn & Associates, APC, counsel for Defendants New Century Development and Construction, Nady Hebish, and Enjoy Living LLC. The motions are supported by a declaration of counsel stating that an irreconcilable breakdown in the attorney-client relationship has occurred. The motions comply with the above requirements.

Elizabeth Ernster and Hackler Flynn & Associates’ Motions to be Relieved as Counsel for Defendants New Century Development and Construction, Nady Hebish, and Enjoy Living LLC are GRANTED.