Judge Jill Feeney, Case 19STCV37852 2023-02-09 Tentative Ruling

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.

Since Plaintiff’s residence has not been confirmed, in addition to serving Plaintiff at Plaintiff’s last known address, Counsel must also serve Plaintiff by delivering a signed copy of the MC-053 to the clerk of the Court pursuant to Code of Civil Procedure Section 1011(b)(3). The papers must be enclosed in an envelope addressed to each party in the care of the clerk pursuant to California Rule of Court 3.252(a). The information required by California Rule of Court 3.252(b) shall be provided on the back of each envelope.

The Court's Ruling and
Attorney's relief as Counsel of record for client is not effective until Proof
of Service of the 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).

“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).)

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 her last known address and could not confirm that the address was current. (MC-052 Item #3.) Counsel made reasonable efforts to confirm the address by calling Plaintiff’s last known telephone number, mailing the papers with return receipt requested, and performing a skip trace using Plaintiff’s address, driver’s license, and date of birth. (MC-052 Item #3(b)(2).) Plaintiff will not be prejudiced if Counsel’s motion is granted. Counsel properly noted these hearings in his forms. The next hearing in this matter is a hearing on motions to compel discovery set for March 14, 2023. Trial is set for April 13, 2023. There is sufficient time for Plaintiff to engage new counsel before trial and before the next hearings in this matter and/or to request a continuance. The Court is satisfied that Counsel has a compelling reason to withdraw. (MC-052, Item #2.)