Judge: Helen Zukin, Case: 20SMCV00147, Date: 2023-03-08 Tentative Ruling

Case Number: 20SMCV00147    Hearing Date: March 8, 2023    Dept: 207

Background

Plaintiff Annelee Smith-Winbush (“Plaintiff”) brings this action against Defendants Robert Johnson, Lisa Johnson, Preston Walker (“Defendant”) and Novus Content, LLC (“Novus”), alleging Defendants failed to repay a loan made by Plaintiff to Walker and Johnson intended to be used in the operation of their company, Novus. Defendant was previous represented in this action by attorney Dominique Westmoreland. On February 9, 2022, Mr. Westmoreland filed a motion to be relieved as counsel for Defendant. On February 27, 2022, Defendant filed a Substitution of Attorney form substituting new counsel, Tesfaye W. Tsadik, in place of Mr. Westmoreland.

Legal Standard

The Court may order an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (C.C.P. § 284(2).) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.)

An application to be relieved as counsel must be made on Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (CRC 3.1362(a), (c), (e).) The requisite forms must be served “on the client and on all parties that have appeared in the case.” (CRC 3.1362(d).)

Analysis

Mr. Westmoreland’s motion to be relieved as counsel for Defendant has been mooted by the Substitution of Attorney form filed by Defendant which replaced Mr. Westmoreland as counsel for Defendant in this action. As Mr. Westmoreland is no longer acting as counsel for Defendant, his motion to be relieved as counsel for Defendant is denied as moot.

Conclusion

The motion to be relieved as counsel for Defendant Preston Walker is denied as moot.