Judge Jill Feeney, Case 20STCV32160 2023-01-10 Tentative Ruling

Department 30, Spring Street Courthouse

Motion to Be Relieved as Counsel filed by Anthony Werbin, Counsel for Plaintiff David Calderon

The hearing on the motion is continued so that Counsel may correct the MC-052 and MC-053.

The parties are to appear at the hearing in order to set a continued hearing date.

The new MC-052 and MC-053 must be filed at least five court days in advance of the continued hearing date.

Counsel to provide notice to Plaintiff and all other parties and to file proof of service of such notice within five court days after the date of this order.

This is an action for negligence arising from a scooter accident which took place in September 2018. Plaintiff David Calderon filed his Complaint against Defendants Bird Rides, Inc. and Segway, Inc. on August 24, 2020.

On December 16, 2022, Anthony Werbin filed the instant motion to be relieved as counsel.

Counsel Anthony Werbin seeks to be relieved as counsel for Plaintiff. Counsel cites a breakdown in attorney-client communication. Counsel has not been able to contact Plaintiff.

“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 seeks to be relieved as counsel for Plaintiff David Calderon.

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 which he confirmed as Plaintiff’s current address by telephone 30 days before filing this motion. (MC-052 Item #3.) However, counsel states he has been unable to locate Plaintiff. Thus, it is unclear whether Counsel confirmed that Plaintiff’s address was current. If Counsel could not locate Plaintiff, then he should check and fill out MC-052 Item 3(b)(2).

Counsel also failed to include Plaintiff’s phone number on form MC-053.

Plaintiff will not be prejudiced if Counsel’s motion is granted. The next hearing in this matter is a Final Status Conference set for March 6, 2023. Trial is set for March 20, 2023. There is sufficient time for Plaintiff to engage new counsel before trial and/or to request a continuance. The Court is satisfied that Counsel has a compelling reason to withdraw as counsel given the breakdown of attorney-client communication. (MC-052, Item #2.)