Judge: Jill Feeney, Case: 19STCV32640, Date: 2022-09-08 Tentative Ruling
Case Number: 19STCV32640 Hearing Date: September 8, 2022 Dept: 30
Department 30, Spring Street Courthouse
September 8, 2022
19STCV32640
Motion to Be Relieved as Counsel filed by Nathan Amerberg.
DECISION
The motion is granted.
Counsel is ordered to provide notice and to serve Plaintiff with a signed copy of the MC-053. Proof of such service must be filed within five court days after the date of this order.
Counsel is reminded that the Court's Ruling and Attorney's
relief as Counsel of record for client is not effective until Proof of Service
of the (MC-053) Order signed by the Court upon the client is filed in this
action. Until then, counsel continues to
be counsel of record. Cal. Rules of
Court 3.1362(e).
Background
This is an action for medical malpractice and negligence arising from a medical emergency which took place in September 2017. Plaintiff Samba Dioum filed her Complaint against the Los Angeles Fire Department and the City of Los Angeles on September 13, 2019.
On July 7, 2022, Plaintiff’s Counsel, Nathan Amerberg. filed the instant motion to be relieved as counsel for Plaintiff Samba Dioum.
Summary
Moving Arguments
Nathan Amerberg (“Counsel”) 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 Samba Dioum.
Counsel filed a Notice of Motion and Motion to Be Relieved as Counsel (MC-051), Declaration in Support of Attorney’s Motion to Be Relieved as Counsel (MC-052), and Proposed Order Granting Attorney’s Motion to Be Relieved as Counsel (MC-053) on all 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 at her last known address. (MC-052, Item #3(a).) Counsel confirmed Plaintiff’s address by telephone within 30 days before the filing of this motion. (MC-052, Item #3(b)(2).)
The next hearing in this matter is a final status conference set for November 30, 2022. (MC-052, Item #4.) Trial is set for December 6, 2022. (MC-052, Item #6.) Counsel properly noted the remaining actions in this case. (MC-052 Item #5; MC-053 Items #7, 8.) There is sufficient time for Plaintiff to engage new counsel and/or request a continuance. The Court is satisfied that Counsel has a compelling reason to withdraw as counsel given the breakdown of the attorney-client relationship. (MC-052, Item #2.)
