Judge Helen Zukin, Case 21SMCV01237 2022-09-14 Tentative Ruling

Judge: Helen Zukin, Case: 21SMCV01237, Date: 2022-09-14 Tentative Ruling

Case Number: 21SMCV01237 Hearing Date: September 14, 2022 Dept: 207

Background

This action concerns the recovery of payment for construction work performed by Plaintiff Kewo Engineering Corporation (“Plaintiff”) pursuant to a contract with Defendants US-Most, Inc. and Kurt Borg (“Defendants”). Defendants are represented in this action by attorney Cedric Severino (“Counsel”). Counsel has filed a motion to be relieved as counsel for Defendants in this action. Counsel’s motion is unopposed.

Standard to be Relieved as Counsel

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

The Court notes Counsel has not filed all the required forms required by California Rules of Court, rule 3.1362. Specifically, Counsel’s declaration was not filed on form MC-052 (“Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil”) as required by rule 3.1362(c). As a result, Counsel’s motion does not demonstrate service was made in compliance with rule 3.1362(d). The Court notes Counsel’s declaration indicates Defendant Kurt Borg has passed away and there appear to be no other employees of Defendant US-Most Inc. However, rule 3.1362(d)(1)(B) nonetheless requires service at the last known address of Counsel’s clients.

The Court will continue the hearing on Counsel’s motion to allow Counsel to file a declaration on the form required by rule 3.1362.

Conclusion

The motion to be relieved as counsel for Defendants is continued to ______________ to allow Counsel to file a declaration on the form required by California Rules of Court, rule 3.1362, establishing service on Defendants.