Judge: Jill Feeney, Case: 20STCV25840, Date: 2023-03-27 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: 20STCV25840 Hearing Date: March 27, 2023 Dept: 30
Department 30, Spring Street Courthouse
March 27, 2023
20STCV25840
Motion to Be Relieved as Counsel for Plaintiff filed by Kevin O’Hara
DECISION
The motion is granted.
On the MC-053, the Court will (1) check item 3b and (2) check item 5a.
Counsel is ordered serve the signed MC-053 on Plaintiff and all other parties and to file proof of service within five court days after the date of this order.
Counsel remains as counsel of record until the proof of service is filed.
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 a motion to be relieved as counsel.
On February 6, 2023, the Court denied the motion without prejudice.
On February 6, 2023, Counsel filed a new 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).)
The Court previously denied Counsel’s motion to be relieved as counsel because Counsel did not document his efforts to confirm Plaintiff’s address and because his forms did not include the next OSC in this matter set for July 6, 2023.
Counsel’s new MC-052 now includes Plaintiff’s email address and phone number. (MC-052, Item 2.) Counsel also searched the California Secretary of State’s Business Search, which lists Plaintiff’s address as registered agent for Maqytren as 104 N. Pauline St., Anaheim, CA 92805. (MC-052, Item 3b(1)(d).) The July 6, 2023 OSC is now included in Counsel’s forms. (MC-052, Item 5; MC-053, Item 8.)
