Judge: Helen Zukin, Case: SC128893, Date: 2023-03-15 Tentative Ruling

Case Number: SC128893    Hearing Date: March 15, 2023    Dept: 207

Background

Plaintiff AIG Property Casualty Company (“Plaintiff”) brings this action against Defendant A&E Factory Service, LLC (“Defendant”) seeking to recover for damage allegedly caused to the home of Plaintiff’s insured as a result of the improper installation of a refrigerator water supply line by Defendant. Defendant is represented in this action by the firm Collinson, Daehnke, Inlow & Greco (“Counsel”). Counsel bring this motion to be relieved as counsel for Defendant. Counsel’s motion is unopposed.

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

The Court notes Counsel has filed all the required forms and the moving papers were served on Defendant (See Forms MC-052, Item No. 3.) Thus, the Court finds Counsel has satisfied the requirements of California Rule of Court, rule 3.1362(a). Counsel declares Defendant’s parent corporation have given them express instructions to withdraw from their representation in this action and cease any further work on it. The Court finds this explanation is sufficient to justify the relief sought by Counsel and accordingly the motion is GRANTED.

Conclusion

The motion to be relieved as counsel for Defendant A&E Factory Service, LLC is GRANTED. Counsel is directed to serve a copy of the Court’s signed order granting his motion to be relieved as counsel on all parties which have appeared in this case as required by CRC 3.1362(e).