Judge: Jill Feeney, Case: 19STCV21313, Date: 2022-12-08 Tentative Ruling
PLEASE NOTE:
The parties are encouraged to meet and confer concerning this tentative ruling to determine if there is an agreement to submit.
Regardless of whether there is any such agreement, each party who wishes to submit must send an email to the Court at sscdept30@lacourt.org indicating the party's intention to submit.
Include the word "SUBMITS" in all caps and the case number in the subject line of the email and in the body provide the date and time of the hearing, your name, your contact information, the party you represent, whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, or non-party.
If a party submits but still intends to appear at the hearing, include the words "SUBMITS BUT WILL APPEAR" in the subject line of the email.
If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.
Unless all the parties have submitted, the Court will hear argument from any party that appears at the hearing and wishes to argue. The Court may change its tentative as a result of the argument and adopt the changed tentative as the final order at the end of that hearing, even if all the parties are not present.
Be advised that after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of said motion and may adopt the tentative ruling as the order of the Court.
Case Number: 19STCV21313 Hearing Date: December 8, 2022 Dept: 30
Department 30, Spring Street Courthouse
December 8, 2022
19STCV21313
Motion to Be Relieved as Counsel filed by Eric H. Godoy, Counsel for Plaintiff Francisco Castro
DECISION
The motion is granted.
Counsel is ordered to file proof of service of the signed MC-053 on Plaintiff and all other parties within five court days after the date of this order.
Background
This is an action for negligence and premises liability arising from a slip and fall incident which took place in June 2017. Plaintiff Francisco Castro filed his Complaint against Defendant Standard Catering, Inc.
On November 2, 2022, Eric H. Godoy and SoCal Injury Lawyers filed the instant motion to be relieved as counsel.
Summary
Moving Arguments
Counsel Eric H. Godoy seeks to be relieved as counsel for Plaintiff. Counsel cites a breakdown in the attorney-client relationship.
Opposing Arguments
None.
Legal Standard
“The question of granting or denying an application of an attorney to withdraw as counsel (Code Civ. Proc., § 284, subd. (2)) is one which lies within the sound discretion of the trial court ‘having in mind whether such withdrawal might work an injustice in the handling of the case.’ [Citation.]” (People v. Prince (1968) 268 Cal.App.2d 398, 406 [internal quotations omitted].) The court should also consider whether the attorney’s “withdrawal can be accomplished without undue prejudice to the client’s interests.” (Ramirez v. Sturdivant (1994) 21 Cal.App.4th 904, 915.)
California Rules of Court, rule 3.1362 requires that the following be submitted in support of an attorney’s Motion to Be Relieved as Counsel pursuant Code of Civil Procedure section 284, subdivision (2): (1) a notice of motion and motion directed to the client (made on Notice of Motion and Motion to Be Relieved as Counsel—Civil (Judicial Council Form, MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284, subdivision (2) is brought instead of filing a consent under Code of Civil Procedure section 284, subdivision (1) (made on Declaration in Support of Attorney’s Motion to Be Relieved as Counsel—Civil (Judicial Council Form, MC-052)); (3) a proof of service evidencing service of the notice of motion and motion, declaration, and proposed order on the client and on all other parties who have appeared in the case; and (4) a proposed order relieving counsel (prepared on Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil (Judicial Council Form, MC-053)). (Cal. Rules of Court, rule 3.1362, subd. (a), (c), (d), (e).)
Discussion
Counsel seeks to be relieved as counsel for Plaintiff Francisco Castro.
Counsel filed a Notice of Motion and Motion to Be Relieved as Counsel (MC-051), an Order Granting Attorney’s Motion to Be Relieved as Counsel (MC-053), and a Declaration in Support of Attorney’s Motion to Be Relieved as Counsel (MC-052) on the appropriate forms, as outlined within California Rules of Court, rule 3.1362, subdivisions (a), (c), and (e). (Cal. Rules of Court, rule 3.1362, subd. (a), (c), (e).)
Counsel served Plaintiff by mail at his last known address and was unable to confirm that the address is current. (MC-052, Item #3.) Counsel made reasonable efforts to confirm Plaintiff’s address by mailing the motion papers to Plaintiff’s last known address with return receipt, calling his last known telephone number, conducting searches on the internet and social media, performing a telephone directory search, and searching obituaries. (MC-052, Item #3(b)(2).)
Plaintiff will not be prejudiced if Counsel’s motion is granted. The next hearing in this matter is an informal discovery conference set for January 24, 2023. Trial is set for April 7, 2023. There is sufficient time for Plaintiff to engage new counsel and/or request a continuance before the next hearing. Counsel properly noted the remaining hearings in this matter in the MC-052.
Conclusion
Counsel’s Motion to be Relieved as Counsel for Plaintiff Francisco Castro is GRANTED.
