Judge: Jill Feeney, Case: 20STCV25840, Date: 2023-02-06 Tentative Ruling
Case Number: 20STCV25840 Hearing Date: February 6, 2023 Dept: 30
Department 30, Spring Street Courthouse
February 6, 2023
20STCV25840
Motion to Be Relieved as Counsel for Plaintiff filed by Kevin O’Hara
DECISION
The motion is denied without prejudice.
Moving party to provide notice.
Background
This is an action for negligence arising from an elevator accident which took place in July 2018. Plaintiff Paul Gonzalez filed his Complaint against Defendants Hayman Properties, LLC, Advantage Property Management, LLC, and Louis Vuitton USA, Inc. on July 9, 2020.
On January 10, 2023, Counsel Kevin O’Hara filed the instant motion to be relieved as counsel.
Summary
Moving Arguments
Counsel Kevin O’Hara seeks to be relieved as counsel for Plaintiff Paul Gonzalez. Counsel does not state a reason for his withdrawal, but states his withdrawal is supported under the California Rules of Professional Conduct.
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 Paul Gonzalez.
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 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, emailing him, and texting him. However, these efforts should be documented with more specifics, including the number called and email address used. The next hearing in this matter is an OSC regarding dismissal as to any unserved parties set for July 6, 2023. This matter is not included on Counsel’s forms. Counsel must add the OSC to the forms.
